Jackson v. WMC Mortgage, Corp. et al

Filing 53

ORDER adopting 51 Report and Recommendations re 40 Motion to Dismiss for Failure to State a Claim; granting 40 Motion to Dismiss for Failure to State a Claim. Signed by Judge Jon Phipps McCalla on 2/20/2014. (McCalla, Jon)

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

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

ORDER ADOPTING THE REPORT AND RECOMMENDATION ON DEFENDANT ARNOLD
M. WEISS’S MOTION TO DISMISS
AND
ORDER GRANTING WEISS’S MOTION TO DISMISS

Before the Court is the Magistrate Judge’s Report and
Recommendation on Defendant Arnold M. Weiss’s (“Weiss”) Motion
to Dismiss (the “Report and Recommendation”), filed January 29,
2014.

(ECF No. 51.)

In the Report and Recommendation, the

Magistrate Judge recommends “that Weiss’s Motion to Dismiss
Plaintiff’s Complaint pursuant to [Federal] Rule [of Civil
Procedure] 12(b)(6) be GRANTED.”

(Id. at 8.)

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. 51) in its
entirety.
Accordingly, Weiss’s Motion to Dismiss (ECF No. 40) is
GRANTED and Plaintiff’s Complaint (ECF No. 1) as to Weiss is
DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 20th day of February, 2014.

/s/ Jon P. McCalla
JON P. McCALLA
U.S. DISTRICT COURT JUDGE

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