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Clair v. Bank of Am., N.A.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION
Jul 14, 2016
No. 16-cv-2263-SHL-dkv (W.D. Tenn. Jul. 14, 2016)

Opinion

No. 16-cv-2263-SHL-dkv

07-14-2016

ALEXANDRA CLAIR, et al., Plaintiffs, v. BANK OF AMERICA, N.A., et al., Defendants.


ORDER ADOPTING THE REPORT AND RECOMMENDATION

Before the Court is the Chief Magistrate Judge's Report and Recommendation for sua sponte Dismissal of pro se Plaintiff Alexandra Clair's Complaint. (ECF No. 8.) A magistrate judge may submit to a judge of the court proposed findings of fact and recommendations for dismissal of a complaint for failure to state a claim upon which relief can be granted. 28 U.S.C. § 636(b)(1)(B). When neither party objects to the magistrate judge's factual or legal conclusions, the district court need not review those findings under a de novo or any other standard. Thomas v. Arn, 474 U.S. 140, 150 (1985). Here, the deadline to file an objection to the R&R was July 11, 2016; however, to date, Plaintiff has not filed an objection. For that reason, the Court ADOPTS the Report and Recommendation in its entirety, and DISMISSES Plaintiff's claims WITH PREJUDICE.

The Court dismisses Plaintiff's claims with prejudice because the basis of the Chief Magistrate Judge's recommendation for dismissal is that the claims are time-barred. Ester v. Amoco Oil Co., 65 F.3d 168 (6th Cir. 1995) (affirming dismissal with prejudice due to claims being time-barred). --------

IT IS SO ORDERED, this 14th day of July, 2016.

s/ Sheryl H. Lipman

SHERYL H. LIPMAN

UNITED STATES DISTRICT JUDGE


Summaries of

Clair v. Bank of Am., N.A.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION
Jul 14, 2016
No. 16-cv-2263-SHL-dkv (W.D. Tenn. Jul. 14, 2016)
Case details for

Clair v. Bank of Am., N.A.

Case Details

Full title:ALEXANDRA CLAIR, et al., Plaintiffs, v. BANK OF AMERICA, N.A., et al.…

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

Date published: Jul 14, 2016

Citations

No. 16-cv-2263-SHL-dkv (W.D. Tenn. Jul. 14, 2016)