Palacios, Jr. v. Wells Fargo Bank, N.A.

Filing 14

ORDER Adopting 13 REPORT AND RECOMMENDATION and Granting 7 Motion to Dismiss. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
RAMON PALACIOS, JR.
Plaintiff,
v.

Case No. 14-cv-12287
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

WELLS FARGO BANK, N.A.,
Defendant.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING
DEFENDANT’S MOTION TO DISMISS
On May 2, 2014, Plaintiff Ramon Palacios Jr. filed this action in the Saginaw County
Circuit Court, which challenges the mortgage foreclosure on a piece of property located at 13310
South Merrill Road, Brant, Michigan. Palacios asserted claims for fraudulent misrepresentation,
constructive fraud, promissory estoppel, negligent administration of the loan, and violation of
Michigan’s Regulation of Collection Practices Act. Defendant timely removed the action to this
Court.
On July 10, 2014, Defendant filed a motion to dismiss Palacio’s complaint.

On

December 8, 2014, United States Magistrate Judge Patricia T. Morris issued a report
recommending that Defendant’s motion to dismiss be granted and Palacios’ complaint be
dismissed. Judge Morris first concluded that Palacios had not identified or alleged any fraud or
irregularity related to the mortgage proceedings, and therefore the mortgage proceeding would
not be set aside. Judge Morris further concluded that, even if Palacio had standing to pursue his
remaining claims, they were meritless.

Although Magistrate Judge Morris’s report explicitly stated that the parties to this action
may object to and seek review of the recommendation within fourteen days of service of the
report, neither Plaintiff nor Defendants filed any objections. The election not to file objections 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). The failure to file objections to the report and
recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation,
ECF No. 13, is ADOPTED.
It is further ORDERED that Defendant’s motion to dismiss, ECF No. 7, is GRANTED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: January 14, 2015

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 January 14, 2015.
s/Tracy A. Jacobs
TRACY A. JACOBS

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