WILLIS v. GREEN TREE SERVICING, LLC et al

Filing 18

ORDER (1) Adopting 17 Report and Recommendation, and (2) Granting Defendants' 10 and 11 Motions to Dismiss. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DARTIS EXZOLUS WILLIS,
Plaintiff,

Case No. 15-cv-11258
Hon. Matthew F. Leitman

v.
GREEN TREE SERVICING, LLC
And CITIMORTGAGE,
Defendant.
_________________________________/
ORDER (1) ADOPTING REPORT AND RECOMMENDATION (ECF #17),
AND (2) GRANTING DEFENDANTS’ MOTIONS
TO DISMISS (ECF ## 10, 11)
On August 12, 2015, Magistrate Judge David Grand issued a Report and
Recommendation (“R&R”) recommending that the Court grant the motions to
dismiss filed by Defendants Green Tree Servicing, LLC (ECF #10) and
Citimortgage (ECF #11). (See ECF #17.) The R&R stated that the parties could
object to and seek review of the recommendation within fourteen days. (See id. at
16, Pg. ID 276.) The R&R further advised that “[o]nly specific objections to this
Report and Recommendation will be preserved for the Court’s appellate review;
raising some objections but not others will not preserve all objections a party may
have.” (Id.)

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Neither party has objected to the R&R and the time to file such objections
has expired.

Failure to file objections to the R&R waives any further right to

appeal. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505 (6th Cir.
1991); 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 R&R releases the
Court from its duty to independently review the matter. See Thomas v. Arn, 474
U.S. 140, 149 (1985). The Court has nevertheless reviewed the R&R and agrees
with the findings and conclusions of the Magistrate Judge.
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's August
12, 2015, Report and Recommendation (ECF #17) is ADOPTED as the Opinion
of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R,
that the Court GRANTS the Motions to Dismiss filed by Defendant Green Tree
Servicing, LLC (ECF #10) and Citimortgage (ECF #11).

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: September 1, 2015

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on September 1, 2015, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]
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