Edwards v. Finnancial Recovery Services (FRS) Inc. et al
Filing
106
ORDER ACCEPTING REPORT AND RECOMMENDATIONS 96 . (Written Opinion) Plaintiff's objections to the R&R 100 101 are OVERRULED. The Report and Recommendation 96 is ACCEPTED. FRS's Motion for Summary Judgment 73 is GRANTED. Edwards' ;s "Motion to Strike Defendants Motionm [sic] to Dismiss and for This Court to issue Order For Rule 12(c) Judgment Against Both Defendants for Lying to this Court" 92 is DENIED. This matter is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Nancy E. Brasel on 9/26/2019. (KMW) Modified text on 9/26/2019 (ACH). cc: Stephen S. Edwards
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
STEPHEN S. EDWARDS,
Case No. 18‐CV‐1066 (NEB/DTS)
Plaintiff,
v.
ORDER ACCEPTING
REPORT AND RECOMMENDATION
FINNANCIAL RECOVERY SERVICES
(FRS) INC., BARCLAYS BANK INC.,
and JOHN and JANE DOE’S x10,
Defendants.
The Court has received the August 7, 2019 Report and Recommendation (“R&R”)
of United States Magistrate Judge David T. Schultz. [ECF No. 96.] The R&R recommends
that the Court: (1) grant defendant Financial Recovery Services, Inc.’s (“FRS”) Motion for
Summary Judgment, and dismiss all claims against FRS with prejudice; (2) in the
alternative, dismiss this case with prejudice for plaintiff Stephen S. Edwards’s failure to
prosecute under Rule 41(b) of the Federal Rules of Civil Procedure, and (3) deny
Edwards’s re‐submitted “Motion to Strike Defendants Motionm [sic] to Dismiss and for
This Court to issue Order For Rule 12(c) Judgment Against Both Defendants for Lying to
this Court.” (Id. at 8‐9.) On August 28, 2019, the Court extended the deadline for Edwards
to file a response to the R&R to September 11, 2019. [ECF No. 98.] On September 3, 2019,
and September 10, 2019, Edwards filed an “Objection to Court’s Findings Because They
are Frivolous – Plaintiffs 2nd request for 12(c) Judgment against Barclays.” [ECF Nos. 100
and 1011.] The Court reviews Edwards’s objections to the R&R only for clear error because
the objections provide no substantive rebuttal to the merits of the R&R. Instead, Edwards
appears merely to be asking the Court to reconsider the dismissal of his claims against
the defendant Barclays Bank Delaware. He states no reason why the R&R was incorrect.
Courts will review objections for clear error when a party objects but “does not cite any
reason why the Magistrate Judge’s determination was incorrect, nor any basis for th[e]
Court to reach a different outcome.” Reed v. Curry Concrete Const., Inc., No. CIV. 10‐4329
JRT/LIB, 2011 WL 2015217, at *2 (D. Minn. May 23, 2011) (citations omitted).
The Court has reviewed the pleadings and the R&R and finds no merit to
Edwards’s objections. Edwards fails to raise any genuine issues of material fact that
preclude summary judgment in favor of FRS. The Court finds no clear error regarding
the R&R’s analysis of the facts or law in FRS’s motion for summary judgment or
Edwards’s motion to strike. Moreover, the Court agrees with the Magistrate Judge that
Edwards’s failure to prosecute supports dismissal of this matter with prejudice under
Rule 41(b).
Finding no clear error, and based upon all the files, records, and proceedings in
the above‐captioned matter, IT IS HEREBY ORDERED THAT:
The case docket states that ECF No. 101 is a duplicate entry, likely because Edwards’s
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objections in ECF No. 100 and ECF No. 101 are substantively identical. The Court notes
that ECF No. 100 includes Edwards’s electronic signature; ECF No. 101 is signed by
Edwards’s hand.
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1. Plaintiff’s objections to the R&R [ECF No. 100 and 101] are OVERRULED;
2. The Report and Recommendation [ECF No. 96] is ACCEPTED;
3. FRS’s Motion for Summary Judgment [ECF No. 73] is GRANTED;
4. Edwards’s “Motion to Strike Defendants Motionm [sic] to Dismiss and for This
Court to issue Order For Rule 12(c) Judgment Against Both Defendants for
Lying to this Court” [ECF No. 92] is DENIED; and
5. This matter is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: September 26, 2019
BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge
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