Fields v. PHH Mortgage Corporation
Filing
17
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 15 ). Signed by Judge Timothy S. Black on 10/4/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MARCIA FIELDS,
Plaintiff,
vs.
PHH MORTGAGE CORPORATION,
Defendant.
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Case No. 1:16-cv-391
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman
DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 15)
This case is before the Court pursuant to the Order of General Reference in the
United States District Court for the Southern District of Ohio Western Division to United
States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the
Magistrate Judge reviewed the pleadings filed with this Court and, on September 19,
2016, submitted a Report and Recommendation. (Doc. 15). Plaintiff filed an objection
on October 3, 2016. (Doc. 16). 1
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
of the filings in this matter. Upon consideration of the foregoing, the Court does
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Plaintiff’s objections are not well taken. Plaintiff, who is currently a defendant in a foreclosure
action brought by PHH Mortgage Corporation in state court, filed this civil action alleging that
PHH engaged in violations of RICO. The Report and Recommendation recommends that the
action be dismissed, as Plaintiff has failed to state a RICO claim. Plaintiff’s objections allege in
a conclusory fashion that PHH engaged in money laundering and extortion, but do not include
any sufficiently-detailed factual allegations to support those claims.
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determine that such Report and Recommendation should be and is hereby ADOPTED
in its entirety.
Accordingly, IT IS ORDERED that Defendant’s motion to dismiss (Doc. 7)
is GRANTED. The remaining pending motions (Docs. 9, 12) are hereby DENIED as
moot. The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED in this Court.
IT IS SO ORDERED.
Date: 10/4/16
s/ Timothy S. Black
Timothy S. Black
United States District Judge
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