Oshaunghessy et al v. United Equity LLC et al
Filing
32
ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS GRANTING 11 Motion to Dismiss for Failure to State a Claim filed by OneWest Bank FSB. Signed by Honorable J Michelle Childs on 7/6/12. (jtho, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
SPARTANBURG DIVISION
John Oshaunghessy; Val McDowellOshaunghessy,
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Plaintiffs,
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v.
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United Equity, LLC; IndyMac Bank;
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OneWest Bank, FSB,
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Defendants.
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____________________________________)
Civil Action No. 7:12-cv-00860-JMC
ORDER
This matter is before the court for review of the Magistrate Judge's Report and
Recommendation (“Report”), [Doc. 25], filed on June 15, 2012, recommending that Plaintiff’s
Complaint [Doc. 1], be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff
brought this action seeking relief pursuant to Title 28 U.S.C. §1332. The Report sets forth in detail
the relevant facts and legal standards on this matter which the court incorporates herein without a
recitation.
The Magistrate Judge's Report is made in accordance with 28 U.S.C. § 636(b)(1) and Local
Civil Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a
recommendation to this court. The recommendation has no presumptive weight. The responsibility
to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71
(1976). The court is charged with making a de novo determination of those portions of the Report
to which specific objections are made, and the court may accept, reject, or modify, in whole or in
part, the Magistrate Judge's recommendation or recommit the matter with instructions. See 28 U.S.C.
§ 636(b)(1).
Plaintiff was advised of his right to file objections to the Report [Doc. 25-1]. However,
Plaintiff filed no objections to the Report.
In the absence of objections to the Magistrate Judge's Report, this court is not required to
provide an explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199
(4th Cir. 1983). Rather, "in the absence of a timely filed objection, a district court need not conduct
a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.'" Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d
310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note). Furthermore,
failure to file specific written objections to the Report results in a party's waiver of the right to appeal
from the judgment of the District Court based upon such recommendation. 28 U.S.C. § 636(b)(1);
Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States
v. Schronce, 727 F.2d 91 (4th Cir. 1984).
After careful review of these documents, the court ACCEPTS the Report. [Doc. 25].
Therefore, for the reasons articulated by the Magistrate Judge, the above listed case is DISMISSED,
pursuant to Federal Rule of Civil procedure 41(b).
IT IS SO ORDERED.
United States District Judge
Greenville, South Carolina
July 6, 2012
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