Dabish v. Dabish et al

Filing 25

ORDER Adopting 24 Report and Recommendation. Signed by District Judge Terrence G. Berg. (Chubb, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARVIN DABISH,
v.

Plaintiff,

Case No. 14-13878

FATINA DABISH, et al.,
Defendants.

HON. TERRENCE G. BERG
HON. ELIZABETH A. STAFFORD
/

ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 24)
This matter is before the Court on Magistrate Judge Elizabeth A. Stafford’s
March 31, 2015 Report and Recommendation (Dkt. 24), which recommends that:
Plaintiff’s motion to remand (Dkt. 5) be DENIED; Defendants Fatina and Nasseer
Dabish be dismissed under Fed. R. Civ. P 21; Plaintiff’s motions for default
judgment (Dkts. 11, 12, 13, 14, 15) be DENIED; Defendant JP Morgan Chase Bank,
N.A.’s motion to dismiss (Dkt. 3) be GRANTED; and Plaintiff’s motion for summary
judgment (Dkt. 20) be DENIED.
The Court has reviewed the Magistrate Judge’s Report and Recommendation,
and finds that it is well-reasoned and reaches the correct result. The law provides
that either party may serve and file written objections “[w]ithin fourteen days after
being served with a copy” of the report and recommendations. 28 U.S.C. § 636(b)(1).
The district court will make a “de novo determination of those portions of the report
. . . to which objection is made.” Id. Where, as here, neither party objects to the

report, the district court is not obligated to independently review the record. See
Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will, therefore, accept
Magistrate Judge Stafford’s Report and Recommendation of March 31, 2015, as this
Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Stafford’s Report
and Recommendation of March 31, 2015 (Dkt. 24) is ACCEPTED and ADOPTED.
It is FURTHER ORDERED that Plaintiff’s motion to remand (Dkt. 5) is DENIED;
Defendants Fatina and Nasseer Dabish are dismissed under Fed. R. Civ. P 21;
Plaintiff’s motions for default judgment (Dkts. 11, 12, 13, 14, 15) are DENIED;
Defendant JP Morgan Chase Bank, N.A.’s motion to dismiss (Dkt. 3) is GRANTED;
and Plaintiff’s motion for summary judgment (Dkt. 20) is DENIED. Judgment will
be entered in favor of Defendants, and against Plaintiff.
SO ORDERED.
Dated: April 21, 2015

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service

I hereby certify that this Order was electronically submitted on April 21,
2015, using the CM/ECF system, which will send notification to all parties, and was
served upon unrepresented parties via ordinary mail.
s/A. Chubb
Case Manager

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