BRUMBY v. DEUTSCHE BANK NATIONAL TRUST COMPANY

Filing 45

ORDER adopting Report and Recommendations re 41 Report and Recommendationssigned by JUDGE THOMAS D. SCHROEDER on 8/13/2010. (Solomon, Dianne)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA JOSEPH BRUMBY, JR., Plaintiff, pro se, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, and SUBSTITUTE TRUSTEE SERVICES, INC., Defendants. ORDER ) ) ) ) ) ) ) ) ) ) ) 1:09CV144 On February 17, 2010, in accordance with 28 U.S.C. § 636(b), the Recommendation of the United States Magistrate Judge was filed, and notice was served on Plaintiff. Within the time limitation set forth in the statute, Plaintiff objected to the Recommendation (Doc. 43), and Defendant Substitute Trustee Services, Inc., filed a response (Doc. 44). The court has reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination, which is in accord with the Magistrate Judge's report. The court hereby adopts the Magistrate Judge's Recommendation. IT IS THEREFORE ORDERED that Defendants' motions to dismiss (Docs. 11, 12, 13, 20, and 34) are GRANTED and that this action be DISMISSED WITHOUT PREJUDICE. Defendant Deutsche Bank National Trust Company's motion to strike Plaintiff's first request for production of documents, requests for admissions, and written interrogatories (Doc. 39) and Plaintiff's motion for entry of default as to Defendant Deutsche Bank National Trust Company (Doc. 16) are therefore rendered moot. IT IS FURTHER ORDERED that Plaintiff's motion to enjoin the state court proceedings (Doc. 6) is DENIED. A judgment dismissing this action will be entered contemporaneously with this Order. /s/ Thomas D. Schroeder United States District Judge August 13, 2010 2

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