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)

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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 -2-

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