Bushnell v. Bank of the West et al

Filing 4

ORDER adopting 1 the findings and conclusions contained in the Bankruptcy Judge's Report and Recommendation (12cv67 filing 1 is adopted. For the reasons stated in the Report and Recommendation, the motions to dismiss filed by defendant s JP Morgan Chase Bank and Chase Home Finance, Bank of the West, and Bank of Nebraska (A11-8107 filings 7, 16, and 18) are granted. For the reasons stated in the Report and Recommendation, plaintiffs complaint is dismissed with prejudice and without opportunity to amend. A separate judgment will be entered. Ordered by Judge John M. Gerrard. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
IN RE:

CASE NO. BK11-82735
8:12-CV-67

KENT D. BUSHNELL,
Debtor.
KENT D. BUSHNELL,

CHAPTER 13
ADV. PROCEEDING NO. A11-8107

Plaintiff,
MEMORANDUM AND ORDER
vs.
BANK OF THE WEST, et al.,
Defendants.

This matter is before the Court on the Report and Recommendation
(12-cv-67 filing 1) of the United States Bankruptcy Judge. In reviewing a
Bankruptcy Judge’s proposed findings and conclusions in a non-core
proceeding, the Court conducts a de novo review “of any portion of the
bankruptcy judge’s findings of fact or conclusions of law to which any specific
written objection has been made….” Fed. Rule Bkrtcy. Proc. 9033(d); see also
28 U.S.C. § 157(c)(1).
No objections to the Bankruptcy Judge’s Report and Recommendation
have been filed. See Fed. Rule Bkrtcy. Proc. 9033(b). The failure to file an
objection eliminates not only the need for de novo review, but any review by
the Court. Leonard v. Dorsey & Whitney LLP, 553 F.3d 609 (8th Cir. 2009).
Accordingly, the Court will adopt the Bankruptcy Judge’s Report and
Recommendation and order the plaintiff’s complaint to be dismissed without
opportunity to amend, pursuant to Fed. Rule Bkrtcy. Proc. 7012(b) and Fed.
R. Civ. P. 12(b)(6).

IT IS ORDERED:
1.

The findings and conclusions contained in the Bankruptcy
Judge’s Report and Recommendation (12-cv-67 filing 1) are
adopted.

2.

For the reasons stated in the Report and Recommendation,
the motions to dismiss filed by defendants JPMorgan Chase
Bank and Chase Home Finance, Bank of the West, and
Bank of Nebraska (A11-8107 filings 7, 16, and 18) are
granted.

3.

For the reasons stated in the Report and Recommendation,
plaintiff’s complaint is dismissed with prejudice and
without opportunity to amend.

4.

A separate judgment will be entered.

Dated this 9th day of March, 2012.
BY THE COURT:

John M. Gerrard
United States District Judge

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