Opinion
Case No. 13-10425
03-18-2014
JOHN F. COLYER, Plaintiff, v. FEDERAL HOME LOAN MORTGAGE CORPORATION, FEDERAL HOUSING FINANCE AGENCY, and JACK LEW, Defendants.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
DEFENDANTS' MOTION TO DISMISS, AND DISMISSING THE COMPLAINT
On February 4, 2013, John Colyer (Colyer) filed a complaint against the Federal Home Loan Mortgage Corporation, the Federal Housing Finance Agency, and Jack Lew, seeking damages because he claims those Defendants "violated his constitutional rights by taking his property without a due process hearing." Pl.'s Compl. 2, ECF No. 1. Defendants Federal Home Loan Mortgage Corporation and Federal Housing Finance Agency filed a motion to dismiss Colyer's complaint with prejudice. See Defs.' Mot., ECF No. 11. The motion was referred to United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b)(1).
On February 27, 2014, Judge Binder issued a report recommending that the Defendants' motion to dismiss be granted, that Defendant Jack Lew be dismissed, and that Colyer's complaint be dismissed "in its entirety." Report & Rec. 1, ECF No. 14. 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, neither 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. 14, is ADOPTED.
It is further ORDERED that the Defendants' motion to dismiss, ECF No. 11, is GRANTED.
It is further ORDERED that Colyer's complaint, ECF No. 1, is DISMISSED with prejudice. This is a final order and closes the case.
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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 March 18, 2014.
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TRACY A. JACOBS