Alpena Alcona Credit Union v. Schook

Filing 13

ORDER Adopting 12 Report and Recommendation and Remanding to the State of Michigan's 88th Judicial District Court Signed by District Judge Thomas L Ludington. (LHac)

-CEB Alpena Alcona Credit Union v. Schook

Doc. 13

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ALPENA ALCONA AREA CREDIT UNION, Plaintiff, v. JEAN DOLSEN SCHOOK, Defendant. _____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING TO STATE COURT Magistrate Judge Charles E. Binder issued a report and recommendation [Dkt. #12] on September 15, 2010, recommending that the case be remanded to state court because this Court lacks subject matter jurisdiction. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt. #12] is ADOPTED. It is further ORDERED that Defendant Jean Shook's counterclaims [Dkt. #2] are VOID. It is further ORDERED that the case is REMANDED to the State of Michigan's 88th Judicial District Court. It is further ORDERED that Third Party Defendants' White, Mock, and White Clark and CASE NO. 10-CV-12537 DISTRICT JUDGE THOMAS LUDINGTON MAGISTRATE JUDGE CHARLES BINDER

Dockets.Justia.com

Mock's Motion to Dismiss [Dkt. #7] is DENIED AS MOOT. It is further ORDERED that Plaintiff/Counter Defendant Alpena Alcona Area Credit Union's Motion to Dismiss and for Sanctions [Dkt. #9] is DENIED AS MOOT. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: November 10, 2010

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on November 10, 2010. s/Felicia Moses for Tracy A. Jacobs TRACY A. JACOBS