Opinion
Case Number 10-13257
09-07-2011
TERRI ANN TATE and GARDUS TATE Plaintiffs, v. BAC HOME LOAN SERVICING, LP, BANK OF AMERICA, NA, FANNIE MAE, MERS, INC., GOLDEN TITLE INSURANCE AGENCY, INCORPORATED, ROMAN HOROSZWESKI, and LAURA HOROSZWESKI, Defendants.
Honorable David M. Lawson
Magistrate Judge Michael Hluchaniuk
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING DEFENDANTS' MOTIONS TO DISMISS
Presently before the Court is the report issued on August 5, 2011 by Magistrate Judge Michael Hluchaniuk pursuant to 28 U.S.C. § 636(b), recommending that this Court grant defendants BAC Home Loan Servicing, LP, Bank of America, NA, Fannie Mae, and MERS, Inc.'s motions to dismiss. Although the Magistrate Judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed thus far. The parties' failure to file objections to the Report and Recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the Magistrate Judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the Magistrate Judge.
Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation [dkt. #57] is ADOPTED.
It is further ORDERED that defendants BAC Home Loan Servicing, LP, Bank of America, NA, Fannie Mae, and MERS, Inc.'s motions to dismiss [dkts. #32 and 44] are GRANTED.
DAVID M. LAWSON
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 September 7, 2011.
Deborah R. Tofil
DEBORAH R. TOFIL