Jones et al v. US Bank National Association, as Trustee for CSMC Mortgage Backed Pass-Through Certificates, Series 2006-2 et al

Filing 71

DECISION AND ENTRY ADOPTING 61 REPORT AND RECOMMENDATIONS. Defendants' motions to dismiss (Docs. 35, 37) are GRANTED. All additional pending motions (Docs. 49, 51, 54, 55, 58, 59, 67, 68) are DENIED AS MOOT. This case shall be CLOSED. Signed by Judge Timothy S. Black on 8/16/17. (sct) (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
DARRYN NICOLE JONES, et al.,
Plaintiffs,
vs.
U.S. BANK NATIONAL
ASSOCIATION, et al.,
Defendants.

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Case No. 1:16-cv-778
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 61)
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 Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on May 17, 2017, submitted a
Report and Recommendations. (Doc. 61). Plaintiff filed objections on May 31, 2017. 1

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The Court has reviewed Plaintiffs’ objections and finds that they are not well taken. The
Report and Recommendations thoroughly explains why each of Plaintiffs’ claims is subject to
dismissal; some claims are subject to issue preclusion due to previous cases, some claims are
barred by the Rooker Feldman doctrine as an inappropriate attempt to have this Court conduct
appellate review of an unfavorable state court judgment, see Rooker v. Fid. Tr. Co., 263 U.S.
413, 41516 (1923), and D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 476–87 (1983), and some
claims are simply without merit per the standards imposed by Federal Rule of Civil Procedure
12(b)(6). The well-reasoned Report and Recommendations speaks for itself. Plaintiffs’
objections fail to address the points raised in the Report and Recommendations. The long and
rambling objections, when decipherable, appear mainly to reiterate the same claims as Plaintiff’s
initial complaint.
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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
determine that such Report and Recommendations should be and is hereby adopted in
its entirety. Accordingly, IT IS ORDERED that:
1)

Defendants’ motions to dismiss (Docs. 35, 37) are GRANTED;

2)

All additional pending motions (Docs. 49, 51, 54, 55, 58, 59, 67, 68) are
DENIED AS MOOT;

3)

The Clerk shall enter judgment accordingly, whereupon this case shall be
CLOSED.

IT IS SO ORDERED.
Date: 8/16/17

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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