Marty-Bey et al v. U.S. Bank Trust, N.A. et al

Filing 7

ORDER adopting Report and Recommendations re 6 Report and Recommendations. The Clerk of Court is directed to remand this case to state court (see order for instructions), and to close this case and terminate any pending motions. Signed by Judge Elizabeth A. Kovachevich on 4/24/2017. (EJJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CECILIO MARTY-BEY, DORIS A.
MARTY-BEY, and AL'MAURll KHAN
NATION, Indian Country, America,
Plaintiffs,

v.

Case No: 8:17-cv-349-T-17TBM

U.S. BANK TRUST, N.A., as Trustee for
LSF9 Master Participation Trust and
OCWEN LOAN SERVICING LLC,
Defendants.
ORDER

This cause comes before the Court pursuant to the Report and Recommendation
(Doc. No. 6) (the "R&R") entered by United States Magistrate Judge Thomas B. Mccoun,
Ill on April 4, 2017. Pursuant to the R&R, the Magistrate Judge recommends that the
motion for leave to proceed in forma pauperis (Doc. No. 3) (the "IFP Motion") filed by the
Plaintiffs be denied, and that the case be dismissed and remanded to state court for all
further proceedings.

For the reasons set forth below, the R&R is ADOPTED AND

INCORPORATED BY REFERENCE.

I.

Background

The Plaintiffs commenced this case by filing a "Notice of Removal," along with the
IFP Motion, on February 13, 2017. Through the foregoing, the Plaintiffs appear to seek
review of a state court foreclosure action pending in the Circuit Court of the Tenth Judicial
Circuit in and for Polk County, Florida.

Magistrate Mccoun reviewed the "Notice of

Removal," the IFP Motion, and the docket in the state court action, and determined that

the case should be remanded to state court for lack of jurisdiction. As of the entry of this
order, the Plaintiffs have not responded to the R&R.

II.

Discussion
Under the Federal Magistrate's Act (the "Act"), Congress vested Article Ill judges

with the power to "designate a magistrate judge to hear and determine any pretrial matter
pending before the court," subject to various exceptions. 28 U.S.C. § 636(b)(1)(A). The
Act further vests magistrate judges with authority to "submit to the judge of the court
proposed findings offact and recommendations for the disposition" by an Article. Ill judge.
28 U.S.C. § 636(b)(1)(B). "Within fourteen days after being served with a copy [of a
magistrate's report and recommendation], any party may serve and file written objections
to such proposed findings and recommendations." 28 U.S.C. § 636(b)(1). On review by
the district court, "the court shall make a de novo determination of those portions of the
report ... to .which objection is made." Id. When no timely and specific objections are
filed, case law indicates the court should review the findings using a clearly erroneous
standard. Gropp v. United Airlines, Inc., 817F.Supp.1558,1562 (M.D. Fla.1993). Here,
the Plaintiffs failed to object to the R&R within the time permitted and, as a result, the
Court deems the R&R to be unopposed. Upon due consideration, the Court concurs with
the R&R.

Ill.

Conclusion
Accordingly, it is
ORDERED that the R&R is ADOPTED AND INCORPORATED BY REFERENCE.

The IFP Motion is DENIED. The Clerk of Court is directed to REMAND this case to state
court by sending a certified copy of this order to the Clerk of Court for the Circuit Court of
the Tenth Judicial Circuit in and for Polk County, Florida.

2

Order in Case No. 8:17-cv-00349-EAK-TBM
It is further ORDERED that the Clerk of Court is directed to CLOSE this case, and
TERMINATE any pending motions.
DONE and ORDERED in Chambers, in Tampa, Florida this 24th day of April, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

3