Burns v. Ann Arbor Credit Bureau

Filing 33

ORDER accepting 31 Report and Recommendation on 27 Motion for Summary Judgment. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RICKIE EARL BURNS,
Plaintiff,
Case No. 10-CV-12536
HON. GEORGE CARAM STEEH

vs.
ANN ARBOR CREDIT BUREAU,
Defendant.
____________________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Rickie Earl Burns filed this action in Washtenaw County Circuit Court,
and defendant Ann Arbor Credit Bureau removed the action to this court. Plaintiff’s
complaint alleges violations of the Fair Debt Collection Practices Act (“FDCPA”), his due
process rights under the Fourteenth Amendment, and various state statutes. The
complaint alleges that after his delinquent medical bills were referred to defendant
collection agency, defendant violated the FDCPA by refusing his requests for
verification of the debts, and violated various state statutes by providing misleading
information.
The matter is before the court on defendant’s motion for summary judgment [doc.
27]. The Magistrate Judge issued a report and recommendation which recommends
that this court grant defendant’s motion, dismiss the case with prejudice, and deny as
moot defendant’s earlier motion for judgment on the pleadings [doc. 9]. The court has
reviewed the file, record, and magistrate judge's report and recommendation.
Objections to that report have not been filed by plaintiff within the established time

period.1 The court accepts the magistrate judge’s report and recommendation for the
reason that plaintiff has failed to state a claim upon which relief may be granted, as
further explained in the report.
IT IS ORDERED that the magistrate judge's report and recommendation is
ACCEPTED.
IT IS FURTHER ORDERED that summary judgment is GRANTED for defendant.
SO ORDERED.
Dated: August 31, 2011
S/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 31, 2011, by electronic and/or ordinary mail and also to
Rickie Earl Burns at 1771 Dorothy Street, Ypsilanti, MI 48198.
S/Marcia Beauchemin
Deputy Clerk

1

The report and recommendation was mailed to plaintiff on August 16, 2011 at
the address on file with the court, and was returned as “undeliverable” on August 24,
2011. The court has not been provided with an alternate address for plaintiff. Local
Rule 11.2 requires parties who are not represented by counsel to provide notification of
a change of address: “If there is a change in the contact information, that person
promptly must file and serve a notice with the new contact information.”
2