Molotky v. Capel et al

Filing 25

ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION 24 ; granting motion to dismiss 23 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GRETCHEN MOLOTKY,
Plaintiff,
Case No. 1:17-cv-523
v.
HON. JANET T. NEFF
BRUCE CAPEL, et al.,
Defendants.

____________________________/
ORDER
This is a civil action filed by a pro se litigant. Defendant Potestivo & Associates, P.C. filed
a motion to dismiss (ECF No. 23). The matter was referred to the Magistrate Judge, who issued a
Report and Recommendation on April 6, 2018, recommending that this Court grant the motion
and that this action be terminated (ECF No. 24). The Report and Recommendation was duly served
on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). The Court having
reviewed the court record, including the above filings, will adopt in part and reject in part the
Report and Recommendation. Specifically, the Court adopts the Magistrate Judge’s resolution as
to the motion to dismiss but rejects the Magistrate Judge’s recommendation to terminate this case
as it appears from the docket that Defendant Argent Mortgage Company, LLC has not been served.
Accordingly:
IT IS HEREBY ORDERED that the Report and Recommendation (ECF. No. 24) is
ADOPTED in part and REJECTED in part as the Opinion of the Court.
IT IS FURTHER ORDERED that Defendant Potestivo & Associates, P.C.’s Motion to
dismiss (ECF No. 23) is GRANTED.

Dated: April 27, 2018

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