Opinion
Case No. 12-12281
02-05-2013
FREDERICK HARRISON and PHYLLIS HARRISON, Plaintiffs, v. BANK OF AMERICA, NA, and BAC HOME LOANS SERVICING, Defendants.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING DEFENDANTS' MOTION TO DISMISS
Plaintiffs Frederick and Phyllis Harrison brought claims against the Defendants related to the circumstances surrounding a mortgage loan, default, subsequent sheriff's sale completed on November 3, 2011, and expiration of the redemption period as of May 3, 2012. On August 16, 2012, Defendants filed a motion to dismiss the action pursuant to Federal Rule of Civil Procedure 12(b)(6).
On January 17, 2013, Magistrate Judge Charles E. Binder issued a report recommending Defendants' motion be granted. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The election to not file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 11, is ADOPTED.
It is further ORDERED that Defendants' motion to dismiss, ECF No. 6, is GRANTED.
It is further ORDERED that Plaintiffs' complaint, ECF No. 1, is DISMISSED with prejudice.
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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 February 5, 2013.
Tracy A. Jacobs
TRACY A. JACOBS