Haller v. Department of Housing and Urban Development et al

Filing 82

ORDER granting 61 Motion to Dismiss for Lack of Jurisdiction; granting 67 Motion to Dismiss; adopting Report and Recommendation re 80 . Signed by Judge Sandra S Beckwith on 3/4/13. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Daniel R. Haller,
Plaintiff
v.

Case No. 1:11-cv-881

U.S. Department of Housing &
Urban Development, et al.,
Defendants

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed February 1, 2013 (Doc. 80).
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 and Recommendation in a timely manner. See United States
v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections
to the Magistrate Judge’s Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the
Magistrate Judge’s Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED. The motion to dismiss filed by defendant
Commodity Futures Trading Commission is GRANTED and the claims against this
defendant are DISMISSED with prejudice. The motion to dismiss filed by
defendants United States Department of Housing and Urban Development, Office of
the Comptroller of the Currency, Office of Thrift Supervision, Board of Governors of
the Federal Reserve System, Consumer Financial Protection Bureau, United States
Securities and Exchange Commission, and the United States Department of the
Treasury is GRANTED pursuant to Fed. R. Civ. P. 12(b)(5) and the claims against

these defendants are DISMISSED without prejudice. The claims against defendants
FDIC and National Credit Union Administration are DISMISSED.

Date: March 4, 2013

s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court

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