Aning et al v. Federal National Mortgage Association et al

Filing 10

ORDER ADOPTING 7 Final Report and Recommendation and GRANTING 5 Motion to Dismiss for Failure to State a Claim. Signed by Judge Thomas W. Thrash, Jr on 7/13/2017. (btql)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JOHN K. ANING, et al., Petitioners, v. CIVIL ACTION FILE NO. 1:17-CV-113-TWT FEDERAL NATIONAL MORTGAGE ASSOCIATION, et al., Respondent. ORDER This is a pro se civil action seeking to enjoin the sale of a foreclosed property. It is before the Court on the Report and Recommendation [Doc. 7] of the Magistrate Judge recommending granting the Respondents’ Motion to Dismiss [Doc. 5] on the grounds of res judicata. The Petitioners have not filed objections to the Report and Recommendation. However, the Court has considered the late filed Response to the Motion to Dismiss as an Objection to the Report and Recommendation. The Petitioners continue to rehash the events of the prior litigation without addressing the effect of the prior judgments upon their claims. The Court approves and adopts the Report and Recommendation as the judgment of the Court. The Respondents’ Motion to Dismiss [Doc. 5] is GRANTED. T:\ORDERS\17\Aning\r&r.wpd SO ORDERED, this 13 day of July, 2017. /s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge T:\ORDERS\17\Aning\r&r.wpd -2-

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