Moore v. Bank of America et al

Filing 22

ORDER Adopting Magistrate Judge's 18 Report and Recommendation and Dismissing Plaintiff's 1 Complaint. Signed by District Judge Gerald E. Rosen. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GLADYS M. MOORE,
Plaintiff,
No. 15-CV-11022
Hon. Gerald E. Rosen
Magistrate Judge David R. Grand

vs.

BANK OF AMERICA, N.A., et al.,
Defendants.
___________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND DISMISSING PLAINTIFF’S COMPLAINT
This matter is presently before the Court on a Report and Recommendation
issued by United States Magistrate Judge David R. Grand on October 30, 2015.
Dkt. # 18. In his Report and Recommendation (“R & R”), Magistrate Judge Grand
recommends that the Motion to Dismiss filed by Defendant (Dkt. # 18) be granted
and that Plaintiff’s claims against Defendant be dismissed with prejudice, both
because Plaintiff’s claims are barred by res judicata and because Plaintiff’s
Complaint fails to state a claim upon which relief can be granted. Plaintiff timely
filed objections to the R & R, Dkt. # 19, Defendant responded to those objections,
Dkt. # 20, and Plaintiff filed a reply to Defendant’s responses, Dkt. # 21. Having
1

now had the opportunity to review the R & R, Plaintiff’s objections, and the entire
record of this matter, the Court has determined that Plaintiff’s objections fail to
adequately respond to the reasons state for dismissal in the R & R, and, therefore,
Defendant’s motion for summary judgment should be granted and this case should
be dismissed in its entirety.
Accordingly,
IT IS HEREBY ORDERED that the Magistrate Judge’s October 30, 2015
Report and Recommendation (Dkt. # 18) is hereby adopted by the Court.
IT IS FURTHER ORDERED that, for the reasons stated by the Magistrate
Judge, Defendant’s Motion to Dismiss (Dkt. # 12) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Complaint is DISMISSED
WITH PREJUDICE.
IT IS SO ORDERED.

Dated: December 28, 2015

s/Gerald E. Rosen
Chief Judge, United States District Court

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on December 28, 2015, by electronic and/or ordinary
mail.
s/Julie Owens
Case Manager, [phone]
2