Colyer v. Federal Home Loan Mortgage Corporation, et al

Filing 16

ORDER Adopting 14 REPORT AND RECOMMENDATION and Granting 11 Motion to Dismiss. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JOHN F. COLYER,
Plaintiff,

Case No. 13-10425
Honorable Thomas L. Ludington

v.
FEDERAL HOME LOAN
MORTGAGE CORPORATION,
FEDERAL HOUSING FINANCE
AGENCY, and JACK LEW,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
DEFENDANTS’ MOTION TO DISMISS, AND DISMISSING THE COMPLAINT
On February 4, 2013, John Colyer (Colyer) filed a complaint against the Federal Home
Loan Mortgage Corporation, the Federal Housing Finance Agency, and Jack Lew, seeking
damages because he claims those Defendants “violated his constitutional rights by taking his
property without a due process hearing.” Pl.’s Compl. 2, ECF No. 1. Defendants Federal Home
Loan Mortgage Corporation and Federal Housing Finance Agency filed a motion to dismiss
Colyer’s complaint with prejudice. See Defs.’ Mot., ECF No. 11. The motion was referred to
United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b)(1).
On February 27, 2014, Judge Binder issued a report recommending that the Defendants’
motion to dismiss be granted, that Defendant Jack Lew be dismissed, and that Colyer’s
complaint be dismissed “in its entirety.” Report & Rec. 1, ECF No. 14. Although Judge
Binder’s report explicitly stated that the parties may object to and seek review of the
recommendation within 14 days of service of the report, as of today’s date, neither party has filed
objections. The failure to object to Judge Binder’s report releases the Court from its duty to

independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Moreover, the
failure to file objections to the report waives any further right to appeal. See Smith v. Detroit
Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).
Accordingly, it is ORDERED that Judge Binder’s report and recommendation, ECF No.
14, is ADOPTED.
It is further ORDERED that the Defendants’ motion to dismiss, ECF No. 11, is
GRANTED.
It is further ORDERED that Colyer’s complaint, ECF No. 1, is DISMISSED with
prejudice. This is a final order and closes the case.
Dated: March 18, 2014

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

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
March 18, 2014.
s/Tracy A. Jacobs
TRACY A. JACOBS

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