Arthurton v. CarMax Auto Finance et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JOHNATHAN ARTHURTON,
Plaintiff,
versus
CARMAX AUTO FINANCE
and THE PNC FINANCIAL
SERVICES GROUP, INC,
Defendants.
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CIVIL ACTION NUMBER
4:25-cv-02708
JUDGE CHARLES ESKRIDGE
ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Plaintiff Johnathan Arthurton proceeds here pro se.
Defendants The PNC Financial Services Group, Inc, and
CarMax Auto Finance, separately moved to dismiss
Plaintiff’s claims. Dkts 12 & 15.
This action was referred to Magistrate Judge Christina
Bryan. Pending is a Memorandum and Recommendation
stating that the motions to dismiss should be granted
because (i) Plaintiff failed to respond and thus, the motions
are unopposed under Local Rule 7.4, and (ii) the complaint
fails to state claims upon which relief can be granted. See
Dkt 19. The Magistrate Judge further recommends that
dismissal be with prejudice because amendment be futile
in light of precedent rejecting the theory on which the
claims are based. Id at 13.
The district court reviews de novo those conclusions of
a magistrate judge to which a party has specifically
objected. See FRCP 72(b)(3) & 28 USC §636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
United States District Court
Southern District of Texas
ENTERED
December 10, 2025
Nathan Ochsner, Clerk
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portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
None of the parties filed objections. No clear error
otherwise appears upon review and consideration of the
Memorandum and Recommendation, the record, and the
applicable law.
The Memorandum and Recommendation of the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 19.
The motions to dismiss by Defendants The PNC
Financial Services Group, Inc, and CarMax Auto Finance,
are GRANTED. Dkts 12 & 15.
The complaint is DISMISSED WITH PREJUDICE. Dkt 1.
This is a FINAL JUDGMENT.
SO ORDERED.
Signed on December 5, 2025, at Houston, Texas.
___________________________
Honorable Charles Eskridge
United States District Judge
Case 4:25-cv-02708 Document 20 Filed on 12/05/25 in TXSD Page 2 of 2