Smith v. Bank of America/Fleet

Filing 11

ORDER adopting 9 Report and Recommendation; granting 3 Motion to Dismiss and Dismissing Complaint. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
RODNEY SMITH,
Plaintiff,

Case No. 13-13327
Honorable Thomas L. Ludington

v.
BANK OF AMERICA/FLEET,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING
DEFENDANT’S MOTION TO DISMISS, AND DISMISSING PLAINTIFF’S
COMPLAINT
Rodney Smith’s pro se complaint alleges various claims under the Consumer Credit
Protection Act and the Fair Debt Collection Practices Act against the Bank of America/Fleet. On
August 9, 2013, Bank of America filed a motion to dismiss.

That motion, and Smith’s

underlying complaint, were referred to United States Magistrate Judge Charles E. Binder
pursuant to 28 U.S.C. § 636(b)(1).
On October 17, 2013, Judge Binder issued a report recommending that Bank of
America’s motion to dismiss be granted. Although Judge Binder’s report explicitly stated that
the parties to this action 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 the Judge Binder’s report and recommendation, ECF
No. 9, is ADOPTED.
It is further ORDERED that Bank of America’s motion to dismiss, ECF No. 3, is
GRANTED.
It is further ORDERED that Smith’s complaint, ECF No. 1, is DISMISSED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: November 5, 2013

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, and
upon Rodney Smith, P.O. Box 36, Black River, MI 48721
by first class U.S. mail, on November 5, 2013.
s/Tracy A. Jacobs
TRACY A. JACOBS

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