Summary
In Amersey, the district court determined that allowing Freddie Mac to remove an eviction action it originally filed in State court "renders an absurd result."
Summary of this case from Ocwen Loan Servicing, LLC v. MicknaOpinion
Case No. 13-13753
04-09-2014
FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff, FEDERAL HOUSING FINANCE AGENCY, Intervenor Plaintiff, v. NITIN M. AMERSEY, ALL OTHER OCCUPANTS, Defendants/Third-Party Plaintiffs, v. OCWEN LOAN SERVICING, LLC, Third-Party Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION
AND REMANDING CASE TO STATE COURT
On September 3, 2013, the Federal Home Loan Mortgage Corporation removed this case from Michigan state court. See Notice Removal, ECF No. 1. All pretrial matters in the case were then referred to United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b)(1).
On March 19, 2014, Judge Binder issued a report recommending that the case be remanded to state court. Report & Rec. 1, ECF No. 20. Although Judge Binder's report explicitly stated that the parties may object to and seek review of the recommendation within 14 days of service of the report, as of today's date, no party has filed objections. The failure to object to Judge Binder's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Moreover, the failure to file objections to the report waives any further right to appeal. See Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).
Accordingly, it is ORDERED that Judge Binder's report and recommendation, ECF No. 20, is ADOPTED.
It is further ORDERED that this case is REMANDED to the 70th Judicial District for the State of Michigan.
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THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on April 9, 2014.
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TRACY A. JACOBS