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)

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

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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

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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
[phone]

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