Ballinger v. Ocwen et al

Filing 16

ORDER by Judge Michael R. Barrett ADOPTING 10 REPORT AND RECOMMENDATIONS for 6 Motion for Summary Judgment filed by James W. Ballinger. As the Report Recommends, Plaintiff's 6 Motion for Summary Judgment is DENIED. (eh1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION James W. Ballinger, Individually and on behalf of all others similarly situated, Case No. 1:10cv798 Plaintiff, v. Judge Michael R. Barrett Ocwen, et al, Defendants. ORDER This matter is before the Court on the Report and Recommendation (“Report”) filed by Magistrate Judge Karen L. Litkovitz on April 8, 2011 (Doc. 10). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report in a timely manner. See United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). 1 No objection to the Report has been filed. Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, this Court finds the Report to be correct. Accordingly, it is ORDERED that the Report is hereby ADOPTED. As the Report recommends (Doc. 10, 2), Plaintiff’s motion for default/summary judgment (Doc. 6) is DENIED. IT IS SO ORDERED. s/Michael R. Barrett UNITED STATES DISTRICT JUDGE 1 Notice was attached to the Report regarding objections. (Doc. 10, 3.)

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