Ross v. Wells Fargo Bank, N.A. et al

Filing 14

ORDER Adopting 13 Report and Recommendation Denying as Moot 11 Motion filed by Gerald Ross for stay of eviction; and Granting 3 Motion to Dismiss,, filed by Mortgage Electronic Registration Systems, Wells Fargo Bank, N.A.. Signed by District Judge George Caram Steeh. (CCoh)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GERALD ROSS, Plaintiff, vs. Case No. 13-cv-11858 HON. GEORGE CARAM STEEH WELLS FARGO BANK, N.A., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, and PEOPLE’S CHOICE HOME LOAN, INC., Defendants. ________________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION (DOC. #13) AND GRANTING DEFENDANTS’ MOTION TO DISMISS (DOC. # 3) On August 28, 2013, Magistrate Judge Laurie Michelson issued a report and recommendation that the court grant defendants’ motion to dismiss the complaint. In her report and recommendation, the magistrate judge found that plaintiff had failed to state a claim as to any of the counts included in his pro se complaint and recommended dismissal on that basis. The magistrate judge specifically stated that any objections to her report must be filed within 14 days of service, and that failure to file such objections constituted a waiver of any further right of appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed by the plaintiff. The court has reviewed the magistrate judge’s well-reasoned report and recommendation and hereby adopts it in its entirety. Defendant’s motion to dismiss is -1- hereby GRANTED. As stated in the report and recommendation, plaintiff’s motion for stay of eviction is DENIED AS MOOT. Judgment will enter for defendants. IT IS SO ORDERED. Dated: September 19, 2013 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 September 19, 2013, by electronic and/or ordinary mail and also on Gerald Ross, 19191 Trinity, Detroit, MI 48219. s/Carol Cohron Deputy Clerk -2-

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