Hutchins v. Shatz, Schwartz and Fentin, P.C.

Filing 29

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: Based on the failure of Plaintiff to offer any substantive opposition to Judge Neimans Report and Recommendation, and upon the clear merits of Judge Neimansanalysis, this court, upon de novo review, hereby ADOPTS the Report and Recommendation (Dkt. No. 23 ). Based upon this, the court hereby ALLOWS Defendants Motion to Dismiss (Dkt. No. 9 ). This case may now be closed. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
DONALD C. HUTCHINS,
Plaintiff

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v.
SHATZ, SCHWARTZ AND
FENTIN, P.C.,
Defendants

C.A. NO. 12-cv-30111-MAP

MEMORANDUM AND ORDER RE:
REPORT AND RECOMMENDATION WITH REGARD TO
DEFENDANT’S MOTION TO DISMISS
(Dkt. Nos. 9 & 23)
February 28, 2013
PONSOR, U.S.D.J.
Plaintiff, proceeding pro se, filed a complaint
alleging negligence and malpractice during his bankruptcy
proceedings.

Defendant filed a Motion to Dismiss, arguing

that Plaintiff had failed to state a claim upon which relief
may be granted.

See Dkt. No. 9.

This motion was referred

to Magistrate Judge Kenneth P. Neiman for a Report and
Recommendation.
On December 14, 2012, Judge Neiman issued his Report
and Recommendation, carefully reviewing Defendant’s and
Plaintiff’s arguments.

In the end, Judge Neiman found

Defendant’s arguments to be meritorious and recommended that
the motion be allowed.
Plaintiff filed an objection to the Report and

Recommendation on December 21, 2012.

This two-page

objection, however, failed to address any of Judge Neiman’s
substantive reasoning.

Instead, Plaintiff objected to the

referral of the motion to Judge Neiman and sought relief
under Fed. R. Civ. P. 60(b)(1) and (b)(6).

The referral was

proper, and neither of the provisions of the Civil Rules
noted by Plaintiff has any applicability to this dispute.
Based on the failure of Plaintiff to offer any
substantive opposition to Judge Neiman’s Report and
Recommendation, and upon the clear merits of Judge Neiman’s
analysis, this court, upon de novo review, hereby ADOPTS the
Report and Recommendation (Dkt. No. 23).

Based upon this,

the court hereby ALLOWS Defendant’s Motion to Dismiss (Dkt.
No. 9).

This case may now be closed.

It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge

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