Karim v. Bank of America, N.A.

Filing 18

ORDER granting 7 Motion to Dismiss; adopting 15 Report and Recommendations. So Ordered by Judge William E. Smith on 9/23/11. (Jackson, Ryan)

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UNITED STATES DISTRICT COURT DISTRICT OF RHODE ISLAND ______________________________ ) ) ) Plaintiff, ) v. ) ) Bank of America, N.A., ) ) Defendant. ) ____________________________________ ) Karima A. Karim, C.A. No. 10-519 S ORDER WILLIAM E. SMITH, United States District Judge. Before the Court is Plaintiff's Objection to Magistrate Judge David L. Martin’s Report and Recommendation, dated May 6, 2011. (ECF No. 15.) Magistrate Judge Martin recommended that Defendant's Motion to Dismiss be granted, and, to the extent that Plaintiff sought judgment by default, recommended that the request be denied. by a magistrate receipt. Any objection to a Report and Recommendation judge must be filed within 14 of See Fed. R. Civ. P. 72(b)(2); DRI LR CV 72(d). Court’s review of such an objection is de novo. Civ. P. 72(b)(3). than days fourteen days its This See Fed. R. Here the Plaintiff filed the Objection more following the service of the Report and Recommendation, thus waiving his right to review by the District Court and the right to appeal the Court’s decision. CV 72(d). See DRI LR The Court is, however, “solicitous of the obstacles that pro se litigants face . . . and [will] endeavor, within reasonable limits, to guard against the loss of pro se claims due to technical defects.” (1st Cir. 2008). Dutil v. Murphy, 550 F.3d 154, 158 After review of the Report and Recommendation, Plaintiff’s Objection, and Defendant’s response, the Court finds that the clear and thorough analysis set forth in the Report and Recommendation is applicable law. supported by the factual record and the The Court further finds that the arguments in the Plaintiff’s Objection to the Report and Recommendation are merely reiterative of those set forth in earlier filings and are without merit. Therefore, the Report and Recommendation of United States Magistrate accepted Judge David L. Martin filed pursuant to 28 U.S.C. § Defendant’s motion to dismiss is /s/ William E. Smith William E. Smith United States District Judge Date: September 23, 2011 2 May 636(b)(1). GRANTED, requested judgment by default is DENIED. IT IS SO ORDERED: on and 6, 2011, is Accordingly, Plaintiff’s

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