Gayle, Jr. v. Arbor Mortgage Corporation et al

Filing 27

ORDER granting 5 Motion to Dismiss; adopting 22 Report and Recommendation. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CLEVELAND M. GAYLE, JR.,
Plaintiff,

HONORABLE VICTORIA A. ROBERTS
Case No. 12-cv-10898
Magistrate Judge Michael J. Hluchaniuk

v.
ARBOR MORTGAGE CORPORATION,
IVAN KAUFMAN, CITIMORTGAGE, INC.,
SANJIV DAS, PAUL INCE, DANIEL
HOFFMAN, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, R.K.
ARNOLD, BILL HUFFMAN, and
POTESTIVO ASSOCIATES, et al.,
Defendants.
/
ORDER ACCEPTING REPORT AND RECOMMENDATION THAT DEFENDANTS’
MOTION TO DISMISS BE GRANTED (Doc. #5)
I.

INTRODUCTION
Before the Court is Defendants’ motion to dismiss Plaintiff’s claims. Plaintiff filed

this pro se complaint alleging that Defendants violated the Truth in Lending Act (TILA),
the Real Estate Settlement Procedures Act, and Home Ownership and Equity
Protection Act at the origination of his mortgage loan. Among other allegations, Plaintiff
says that he was fraudulently induced into his mortgage loan because he did not
receive certain things such as disclosure of the three day rescission period under TILA.
He also says at no time did he receive copies of his loan documents. Plaintiff requests
that his loan be rescinded.
On March 6, 2012, the Court referred this matter to Magistrate Judge Michael J.
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Hluchaniuk pursuant to 28 U.S.C. § 636(b)(1)(B). On December 12, 2012, the
Magistrate Judge filed his Report and Recommendation granting Defendants’ motion.
Plaintiff objects.
This Court reviews de novo any part of the Magistrate Judge’s Report and
Recommendation on a dispositive motion that is properly objected to. 28 U.S.C. §
636(b)(1). After careful review of the entire record, the Court agrees with the Magistrate
Judge’s conclusions. The Magistrate Judge’s thorough Report and Recommendation
lays out the facts and procedural history of the case, as well as the relevant case law,
and grants Defendants’ motion with a reasoned explanation for his holding.
The Court ACCEPTS Magistrate Judge Michael J. Hluchaniuk’s Report and
Recommendation. Defendants’ motion to dismiss is GRANTED; Plaintiff’s claims are
DISMISSED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: February 26, 2013
The undersigned certifies that a copy of this
document was served on the attorneys of
record and Cleveland M. Gayle Jr. by
electronic means or U.S. Mail on February 26,
2013.
S/Carol A. Pinegar
Deputy Clerk

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