Hawkins v. U.S. Bank, N.A., as Trustee for the RMAC Trust Series 2012-5T et al
Filing
9
ORDER Adopting 8 Report and Recommendation for Granting 3 Motion to Dismiss, filed by U.S. Bank, N.A., as Trustee for the RMAC Trust Series 2012-5T, Rushmore Loan Management Services LLC. Signed by District Judge Sean F. Cox. (JMcC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Gregory Hawkins,
Plaintiff,
v.
Case No. 14-14870
U.S. Bank, N.A., et al.,
Sean F. Cox
United States District Court Judge
Defendants.
______________________________/
ORDER
ACCEPTING AND ADOPTING
JUNE 25 2015 REPORT & RECOMMENDATION
Plaintiff filed this action in state court and it was removed to this Court. Thereafter,
Defendants filed a Motion to Dismiss (Docket Entry No. 3). This Court referred the Motion to
Dismiss to Magistrate Judge Mona Majzoub for issuance of a report and recommendation.
On June 25, 2015, Magistrate Judge Majzoub issued a Report and Recommendation
(Docket Entry No. 8) wherein she recommends that this Court: 1) grant Defendants’ Motion to
Dismiss and dismiss this action; and 2) deny Defendant’s request for costs and attorney fees.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
make a de novo determination upon the record, or after additional evidence, of any portion of the
magistrate judge’s disposition to which specific written objection has been made.” Id.
No party has filed objections to the R&R and the time permitted for filing objections to
the R&R has passed.
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The Court hereby ADOPTS the June 25, 2015 Report and Recommendation. IT IS
ORDERED that Defendants’ Motion to Dismiss is GRANTED to the extent that this Court shall
dismiss this action with prejudice. The motion is DENIED as to Defendants’ request for an
award of costs and attorney fees.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: July 21, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record on July
21, 2015, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager
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