Opinion
Case No. 13-cv-10859
08-27-2014
TONY TAYLOR, Plaintiff, v. WELLS FARGO BANK, NA, as TRUSTEE OF THE HARB ORVIEW MORTGAGE LOAN PASS-THROUGH CERTIFICATES, SERIES 2006-12, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF # 32), DISMISSING PLAINTIFF'S FIRST AMENDED COMPLAINT (ECF #19), AND TERMINATING DEFENDANTS' MOTION TO DISMISS (ECF #27) AS MOOT
On July 29, 2014, Magistrate Judge Michael Hluchaniuk issued a report and Recommendation ("R&R") recommending that the Court (1) dismiss with prejudice Plaintiff Tony Taylor's First Amended Complaint (ECF #19) pursuant to Federal Rule of Civil Procedure 41(b), and (2) terminate as moot Defendants' motion to dismiss (ECF #27). (See ECF #32.) The R&R stated that the parties could object to and seek review of the recommendation within 14 days. (See id. at 7, Pg. ID 459.)
Neither party has objected to the R&R. Failure to object to the R&R waives any further right to appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir.1991); 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 R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees with the findings and conclusions of the Magistrate Judge. In addition, the Court has reviewed Defendants' Motion to Dismiss and finds the arguments therein to be well-taken.
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's July 29, 2014, R&R (ECF #32) is ADOPTED as the Opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R, that Plaintiff's First Amended Complaint (ECF #19) is DISMISSED WITH PREJUDICE, and that Defendants' Motion to Dismiss (ECF #27) is TERMINATED AS MOOT.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: August 27, 2014 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 27, 2014, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(313) 234-5113