DeWayne v. Wells Fargo Bank, N.A.
Filing
29
ORDER adopting 23 Report and Recommendations; granting 25 Motion to Strike ; granting 19 Motion to Dismiss for Failure to State a Claim. So Ordered by Chief Judge William E. Smith on 3/8/2017. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
WACHOVIA MORTGAGE, FSB, et al.,
)
)
Defendants.
)
___________________________________)
B. RUBEN DEWAYNE,
C.A. No. 16-092 S
ORDER
WILLIAM E. SMITH, Chief Judge.
Magistrate
Recommendation
Judge
(R&R)
Lincoln
on
D.
Almond
December
29,
filed
2016
a
Report
(ECF
No.
and
23),
recommending that the Court grant Defendants’ Motion to Dismiss
Plaintiff’s complaint pursuant to Rule 12(b)(6) of the Federal
Rules of Civil Procedure for lack of standing to assert his
claims.
Plaintiff filed an objection to the R&R on January 24,
2017. (ECF No. 24.)
Defendants filed a Motion to Strike Plaintiff’s objection
on the basis that it was not timely filed and pursuant to Rule
12(f)
of
the
Federal
Court
Rules
of
Civil
Procedure
for
including matter that is both immaterial and impertinent. (ECF
No. 25.)
the
As Defendants argue, this Court strictly adheres to
fourteen-day
period
during
which
a
litigant
may
file
an
objection to a Report and Recommendation. See LR Cv 72(c)(1)
(“Failure to file specific objections . . . constitute[s] waiver
of the right to review by the district judge and the right to
appeal
the
Court’s
decision.”);
see
also
United
Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986).
his
objection
objection
to
the
period.
R&R
The
twelve
days
objection
after
is
States
v.
Plaintiff filed
the
end
therefore
of
the
waived.
Defendants’ Motion to Strike (ECF No. 25) is GRANTED.
After carefully reviewing Defendants’ Motion to Dismiss and
the
R&R,
this
entirety.
Court
ACCEPTS
the
R&R
(ECF
No.
23)
in
its
Defendants’ Motion to Dismiss (ECF No. 19) is GRANTED
and Plaintiff’s Complaint is dismissed with prejudice as to all
Defendants.
IT IS SO ORDERED.
William E. Smith
Chief Judge
Date: March 8, 2017
2
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