Martin v. HSBC Bank USA National Association

Filing 5

ORDER Adopting 4 Report and Recommendation. Signed by District Judge David M. Lawson. (SJa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LAWRENCE MARTIN,
Plaintiff,
Case Number 12-15181
Honorable David M. Lawson
Magistrate Judge R. Steven Whalen

v.
HSBC BANK USA NATIONAL ASSOCIATION,
as Trustee for Fremont Home Loan Trust 2006-D,
Mortgage backed certificates, Series 2006-D,
Defendant.
_________________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE
Presently before the Court is the report issued on May 28, 2013 by Magistrate Judge R.
Steven Whalen pursuant to 28 U.S.C. § 636(b), recommending that this Court dismiss the plaintiff’s
complaint without prejudice for failure to serve the defendant. Although the magistrate judge’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, no objections have been filed thus far.
The parties’ failure to file objections to the report and recommendation waives any further right to
appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).
Likewise, the failure to object to the magistrate judge’s report releases the Court from its duty to
independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court
agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt.
#4] is ADOPTED.

It is further ORDERED that the plaintiff’s complaint is DISMISSED WITHOUT
PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: June 24, 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 on June 24, 2013.
s/Shawntel Jackson
SHAWNTEL JACKSON

-2-