Floyd v. Exit Strategy LLC/Team LBR LLC et al

Filing 22

ORDER Adopting 21 Report and Recommendation, GRANTING 13 Motion to Dismiss, and DENYING 15 Motion to Stay filed by Donnell Floyd. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DONNELL FLOYD,
v.

Plaintiff,

Case No. 17-10938

EXIT STRATEGY, LLC, et al.,
Defendants.

HON. TERRENCE G. BERG
HON. MONA K. MAJZOUB
/

ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION (DKT. 21), GRANTING DEFENDANT’S
MOTION TO DISMISS (DKT. 13) AND DENYING PLAINTIFF’S
MOTION TO STAY EVICTION (DKT. 15)
This matter is before the Court on Magistrate Judge Mona K. Majzoub’s
January 16, 2018 report and recommendation (Dkt. 21), recommending that
Defendant’s motion to dismiss (Dkt. 13) be granted, and that Plaintiff’s motion to
stay eviction be denied (Dkt. 15). Magistrate Judge Majzoub further recommends
that Plaintiff’s entire Complaint be dismissed with prejudice, and that Defendants’
request for costs and attorney’s fees be denied.
The Court has carefully reviewed the Magistrate Judge’s report and
recommendation, and finds that it is well-reasoned and supported by the relevant
law. 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). As of this date, no party filed any
objections to the report and recommendation, and the time to do so has now expired.

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
the Magistrate Judge’s report and recommendation of January 16, 2018, as this
Court’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Majzoub’s report
and recommendation of January 16, 2018 (Dkt. 21) is ACCEPTED and
ADOPTED. It is FURTHER ORDERED that Defendant’s motion to dismiss
(Dkt. 13) is GRANTED, and that Plaintiff’s motion to stay eviction (Dkt. 15) is
DENIED. Plaintiff’s Complaint is hereby DISMISSED WITH PREJUDICE, with
each side bearing its own costs and attorney’s fees.
SO ORDERED.
Dated: February 13, 2018

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

I hereby certify that this Order was electronically submitted on February 13,
2018, using the CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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