Winters v. Deutsche Bank National Trust Company, et al

Filing 13

ORDER Granting Defendants' 4 Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EARTHY WINTERS, Plaintiff, Case No. 15-cv-13456 Hon. Matthew F. Leitman v. OCWEN LOAN SERVICING LLC et al., Defendants. _________________________________/ ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS (ECF #4) In this action, Plaintiff Earthy Winters (“Winters”) brings multiple claims against Defendants Deutsche Bank National Trust Company, as trustee for Long Beach Mortgage Loan Trust 2004-1, Asset-Backed Certificates, Series 2004-1 (“Deutsche Bank”) and Ocwen Loan Servicing, LLC (“Ocwen”) (collectively, “Defendants”) related to the foreclosure of his home. (See Compl., ECF #1-1.) Defendants filed a motion to dismiss Winters’ claims on October 8, 2015 (the “Motion”). (See ECF #4.) On September 14, 2016, Magistrate Judge Elizabeth Stafford issued a Report and Recommendation recommending that the Court grant the Motion and dismiss Winters’ claims with prejudice (the “R&R”). (See ECF #12.) At the conclusion of the R&R, Magistrate Judge Stafford informed the parties that if they wanted to 1 seek review of her recommendation, they needed to file specific objections with the Court within fourteen days. (See id. at 13-14, Pg. ID 529-30.) Winters has not filed any objections to the R&R. As Magistrate Judge Stafford specifically warned Winters in the R&R (see id.), the failure to file objections 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). Moreover, the failure to object to an R&R releases the Court from its duty to independently review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, because Winters has failed to file any objections to the R&R, IT IS HEREBY ORDERED that Magistrate Judge Stafford’s recommendation to grant the Motion and dismiss Winters’ Complaint with prejudice is ADOPTED. IT IS FURTHER ORDERED that (1) Defendants’ Motion to Dismiss (ECF #4) is GRANTED and (2) Winters’ Complaint (ECF #1-1) is DISMISSED WITH PREJUDICE.             s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: October 12, 2016 2 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on October 12, 2016, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (313) 234-5113 3

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