Scott et al v. Bank of America et al

Filing 22

ORDER Accepting and Adopting the Magistrate Judge's April 18, 2013 21 Report and Recommendation, and Granting Defendants 10 Motion to Dismiss. Signed by District Judge Nancy G. Edmunds. (JCur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Tamara Jean Scott (Schumaker) and
Douglas Dwight Bennett,

Case No. 12-14779
Honorable Nancy G. Edmunds

Plaintiffs,
v.
Bank of America, N.A., Bank of America
Home Loans, Inc., f/k/a Countrywide Home
Loans, and Fannie Mae,
Defendants.
/

ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S APRIL 18,
2013 REPORT AND RECOMMENDATION [21]

This matter is before the Court on the magistrate judge’s April 18, 2013 report and
recommendation on Plaintiffs Tamara Jean Scott (Schumaker) and Douglas Dwight
Bennett’s mortgage-related cause of action against Defendants Bank of America, Bank of
America Home Loans, and Fannie Mae. (Dkt. 21.)
The magistrate judge recommended that the Court dismiss Plaintiffs’ complaint with
prejudice because Plaintiffs could not challenge the state court’s prior judgment, Plaintiffs
did not have a private cause of action under some of the statutes she attempted to sue
under, because her claims were barred by the statute of limitations, and because she
lacked the factual support to survive a Rule 12(b)(6) motion.
The Court is fully advised in the premises and has reviewed the record and the
pleadings. Neither party has filed objections. “[T]he failure to object to the magistrate

judge’s report[] releases the Court from its duty to independently review the matter.” Hall
v. Rawal, 09-10933, 2012 WL 3639070, at *1 (E.D.Mich. Aug. 24, 2012) (citation omitted).
The Court nevertheless agrees with the magistrate judge’s recommendation. The Court
therefore ACCEPTS and ADOPTS the magistrate judge’s report and recommendation.
The Court therefore GRANTS Defendants’ motion to dismiss. (Dkt. 10.)
SO ORDERED.

s/ Nancy G. Edmunds
NANCY G. EDMUNDS
UNITED STATES DISTRICT JUDGE
Date: May 30, 2013

The undersigned certifies that the foregoing document was served upon counsel of record
via the Court's ECF System to their respective email addresses or First Class U.S. mail
disclosed on the Notice of Electronic Filing on May 30, 2013.

s/Johnetta M. Curry-Williams
Case Manager
Acting in the Absence of Carol Hemeyer

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