Jackson v. WMC Mortgage, Corp. et al

Filing 36

ORDER adopting 33 Report and Recommendations re 11 Motion to Dismiss; granting 11 Motion to Dismiss. Signed by Judge Jon Phipps McCalla on 08/30/2013. (McCalla, Jon)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
OTIS JACKSON JR.,
Plaintiff,
v.
WCM MORTGAGE CORPORATION, et
al.,
Defendants.

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No. 2:12-cv-02914-JPM-cgc

ORDER ADOPTING THE REPORT AND RECOMMENDATION; ORDER GRANTING
DEFENDANT’S MOTION TO DISMISS

Before the Court is the Magistrate Judge’s “Report and
Recommendation on Wilson & Associates, PLLC’s Motion to Dismiss”
(the “Report and Recommendation”), which was filed on August 12,
2013.

(See ECF No. 33.)

In the Report and Recommendation, the

Magistrate Judge recommends that Defendant Wilson & Associates,
PLLC’s (“Defendant”) Motion to Dismiss (ECF No. 11) be granted
and that Plaintiff’s Complaint (ECF No. 1) be dismissed with
prejudice as to Defendant.

(See ECF No. 33 at 6.)

Pursuant to Federal Rule of Civil Procedure 72(b)(2),
“[w]ithin 14 days after being served with a copy of the
recommended disposition, a party may serve and file specific
written objections to the proposed findings and
recommendations.”

Fed. R. Civ. P. 72(b)(2).

No objections to

the Report and Recommendation have been filed, and the time for

filing objections has expired.

See Fed. R. Civ. P. 5(b)(2),

6(d), 72(b)(2).
“When no timely objection is filed, the court need only
satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.”
72(b) advisory committee notes.

Fed. R. Civ. P.

On clear-error review of the

Magistrate Judge’s Report and Recommendation, the Court hereby
ADOPTS the Report and Recommendation (ECF No. 33) in its
entirety.
Accordingly, Defendant’s Motion to Dismiss (ECF No. 11) is
GRANTED and Plaintiff’s Complaint (ECF No. 1) as to Defendant is
DISMISSED WITH PREJUDICE.

IT IS SO ORDERED, this 30th day of August, 2013.
/s/ Jon P. McCalla
JON P. McCALLA
U.S. DISTRICT COURT JUDGE

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