Mixon v. Bank of America NA

Filing 17

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 16 ; granting in part and denying in part 7 motion to dismiss motion; denying 8 motion for entry of default and 9 application for entry of default; granting 5 motion to dismiss; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KETURAH MIXON,
Case No. 1:15-cv-486

Plaintiff,
v.

HON. JANET T. NEFF

BANK OF AMERICA, N.A., and all of
its subsidiaries, successors, and assigns,
and JOHN DOES 1-20,
Defendants.
_______________________________/

ORDER
This is a civil action involving a pro se litigant. Defendant Bank of America, N.A. filed a
Motion to Dismiss (Dkt 5). Plaintiff filed a Motion to Dismiss Defendant’s Motion (Dkt 7), a
Motion for Entry of Default (Dkt 8), and an Application for Entry of Default (Dkt 9). These matters
were referred to the Magistrate Judge, who issued a Report and Recommendation on June 26, 2015,
recommending that this Court grant in part and deny in part Plaintiff’s motion to dismiss, deny
Plaintiff’s motion and application for entry of default, and grant Defendant’s motion to dismiss. The
Report and Recommendation was duly served on the parties. No timely objections have been filed.
See 28 U.S.C. § 636(b)(1). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation (Dkt 16) is APPROVED
and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Dismiss Defendant’s Motion (Dkt
7) is GRANTED IN PART AND DENIED IN PART as set forth in the Report and
Recommendation.

IT IS FURTHER ORDERED that Plaintiff’s Motion for Entry of Default (Dkt 8) and
Application for Entry of Default (Dkt 9) are DENIED.
IT IS FURTHER ORDERED that Defendant Bank of America, N.A.’s Motion to Dismiss
(Dkt 5) is GRANTED.

A Judgment will be entered consistent with this Order.

Dated: July 17, 2015

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge