Henderson v. Credit Acceptance
Filing
26
OPINION AND ORDER Accepting and Adopting 25 the Magistrate Judge's Report and Recommendation on 12 Motion to Dismiss and 19 Motion for Leave to File. Signed by District Judge F. Kay Behm. (KMac)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRANDON HENDERSON,
Case No. 23‐12573
Plaintiff,
F. Kay Behm
v.
United States District Judge
CREDIT ACCEPTANCE,
Kimberly G. Altman
United States Magistrate Judge
Defendant.
____________________________/
OPINION AND ORDER ACCEPTING AND ADOPTING
THE MAGISTRATE JUDGE’S APRIL 22, 2024
REPORT AND RECOMMENDATION (ECF No. 25)
Currently before the court is Magistrate Judge Kimberly G. Altman’s April
22, 2024 Report and Recommendation. (ECF No. 25). Magistrate Judge Altman
recommends granting Defendant’s motion to dismiss and to compel arbitration
(ECF No 12) and denying Plaintiff’s motion for leave to amend the complaint (ECF
No. 19). The court is fully advised in the premises and has reviewed the record
and the pleadings. Neither party has filed objections. “[T]he failure to object to
the magistrate judge’s report[] releases the Court from its duty to independently
review the matter.” Hall v. Rawal, 2012 WL 3639070 (E.D. Mich. Aug. 24, 2012)
(citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). The Court nevertheless agrees
with the Magistrate Judge’s recommended disposition. Therefore, the Court
ACCEPTS and ADOPTS the Magistrate Judge’s Report and Recommendation (ECF
No. 25), GRANTS Defendant’s motion to dismiss and to compel arbitration (ECF
No. 12) and DISMISSES the complaint without prejudice and DENIES Plaintiff’s
motion for leave to amend the complaint (ECF No. 19). This is final order and
closes the case.
SO ORDERED.
Date: May 13, 2024
s/F. Kay Behm
F. Kay Behm
United States District Judge
2
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