Sliptchuik v. ING Bank, FSB et al

Filing 29

ORDER adopting 28 REPORT AND RECOMMENDATION; granting 14 MOTION to Dismiss Complaint filed by ING Bank, FSB; dismissing Plaintiff's Complaint; granting Plaintiff leave to file an amended complaint within fourteen (14) days from the date of this Order. Signed by Judge John Antoon II on 8/28/2013. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MICHAEL L. SLIPTCHUIK,
Plaintiff,
-vs-

Case No. 6:13-cv-460-Orl-28GJK

ING BANK, FSB, ANY AND ALL
UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER, AND AGAINST THE
HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN
TO BE DEAD OR ALIVE, WHETHER
SAID UNKNOWN PARTIES MAY CLAIM
AN INTEREST,
Defendants.
______________________________________

ORDER
This case is before the Court on Defendant ING Bank, FSB n/k/a Capital One, N.A.’s
Motion to Dismiss (Doc. No. 14) filed April 8, 2013. The United States Magistrate Judge has
submitted a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as
follows:
1.

That the Report and Recommendation filed August 6, 2013 (Doc. No. 28) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

Defendant’s Motion to Dismiss (Doc. No. 14) is GRANTED.

3.

Plaintiff’s Complaint is DISMISSED.

4.

Plaintiff is granted leave to file an amended complaint within fourteen (14) days

from the date of this Order.
DONE and ORDERED in Chambers, Orlando, Florida this 28th day of August, 2013.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

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