Connell v. Bank of America

Filing 27

ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated August 24, 2010 17 . 2. Defendant's Motion for Order to Suspend Foreclosure Process 9 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 9/16/10. (GRR)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Dominique J. Connell, Plaintiff, v. Order Civil File No. 10-3133 (MJD/FLN)

Bank of America, Defendant.

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated August 24, 2010. [Docket No. 17] Plaintiff Connell filed objections to the Report and Recommendation. Pursuant to statute, the Court has conducted a de novo review of the record, including all transcripts filed and exhibits submitted to the Court. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation. Additionally, this Court notes that many other courts have dismissed claims similar to Plaintiff's as frivolous, bolstering the argument that Plaintiff is unlikely to succeed on the merits. Hennis v. Trustmark Bank, No. 2:10cv20-KSMTP, 2010 WL 1904860, at *5 (S.D. Miss. May 10, 2010) ("From coast to coast,

claims that debts have been paid under the redemption theory by the plaintiffs' issuance of "bills of exchange" have been dismissed as frivolous."). Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated August 24, 2010 [Docket No. 17]. 2. Defendant's Motion for Order to Suspend Foreclosure Process *Docket No. 9] is DENIED

Dated: September 16, 2010

s/ Michael J. Davis Michael J. Davis Chief Judge United States District Court