Beard et al v. HSBC Mortgage Services, Inc.

Filing 45

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 43 ; granting motion to dismiss complaint 42 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHARLES J. BEARD and
MICHELLE L. BEARD,
Plaintiffs,
Case No. 1:15-cv-1232
v.
HON. JANET T. NEFF
HSBC MORTGAGE SERVICES, INC.,
Defendant.
_______________________________/

ORDER
This is a civil action involving pro se litigants. Defendant filed a Motion “for an order
granting defendant’s pending and unopposed motion for summary judgment, ECF no. 30, or in the
alternative, an order dismissing plaintiffs’ complaint with prejudice pursuant to Fed. R. Civ. P. 41(b)
for failure to prosecute and comply with a court order, ECF no. 39” (ECF No. 42). The matter was
referred to the Magistrate Judge, who issued a Report and Recommendation on April 18, 2017,
recommending that this Court grant Defendant’s motion to dismiss plaintiffs’ complaint pursuant
to Fed. R. Civ. P. 41(b) (ECF No. 42) and dismiss this action with prejudice. The Report and
Recommendation was duly served on the parties.1 No objections have been filed. See 28 U.S.C.
§ 636(b)(1). Therefore,

1

Service of the Report and Recommendation on Plaintiff Charles J. Beard was returned,
marked “return to sender” and “forwarding time expired.” Plaintiff Charles J. Beard has failed to
keep the Court apprised of his current address.

IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 43) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendant’s Motion to dismiss plaintiffs’ complaint
pursuant to Fed. R. Civ. P. 41(b) (ECF No. 42) is GRANTED.
A Judgment will be entered consistent with this Order.

Dated: May 9, 2017

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