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)

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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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