Davidson v. Bank of America, N.A.

Filing 14

ORDER adopting Report and Recommendation 11 . This case is recommitted to the United States Magistrate Judge for further proceedings. Signed by Judge Herman J. Weber on 8/16/12. (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

FRED I. DAVIDSON,
Plaintiff
v.

C-1-12-330

BANK OF AMERICA, N.A.,
Defendant

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 11) to
which neither party has objected.
Upon a de novo review of the record, the Court finds that the Judge
has accurately set forth the applicable law and has properly applied it to
the particular facts of this case. Accordingly, in the absence of any
objection by plaintiff, this Court accepts the Report as uncontroverted.
The Report and Recommendation of the United States Magistrate Judge
(doc. no. 11) is hereby ADOPTED AND INCORPORATED HEREIN BY

2
REFERENCE. Plaintiff’s claim under 42 U.S.C. § 1983 is DISMISSED for
failure to state a claim upon which relief may be granted against the
defendant bank. See 28 U.S.C. § 1915(e)(2)(B).
The United States Marshal shall serve a copy of the Complaint,
summons and copies of all pleadings and Court orders filed in this action
to date, including this Order and Report and Recommendation, upon
defendant as directed by plaintiff. All costs of service shall be advanced
by the United States.
Plaintiff shall serve upon defendant or, if appearance has been
entered by counsel, upon defendant’s attorney, a copy of every further
pleading or other document submitted for consideration by the Court.
Plaintiff shall include with the original paper to be filed with the Clerk of
Court a certificate stating the date a true and correct copy of any
document was mailed.

3
This case is RECOMMITTED to the United States Magistrate for
further proceedings according to law.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court