Holloway v. Netbank et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge S. Thomas Anderson on 1/9/2014. (Anderson, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
______________________________________________________________________________
RAYNUS B. HOLLOWAY,

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Plaintiff,
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v.
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NETBANK, EVERBANK, EVERHOME )
MORTGAGE COMPANY, MURPHY, )
No. 12-2960-STA-tmp
DEZONIA & WEBB, SHAPIRO &
)
KIRSCH, LLP, MORTGAGE
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ELECTRONIC REGISTRATION
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SYSTEMS, INC., KATHLEEN R.
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WEBB, and JOHN DOES 1-20,
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Defendants.
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______________________________________________________________________________
ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION DISMISSING PLAINTIFF’S COMPLAINT FOR FAILURE TO
STATE A CLAIM
______________________________________________________________________________
On November 2, 2012, Plaintiff Raynus B. Holloway (“Plaintiff”) filed a pro se
complaint (D.E. #1) and Motion seeking leave to proceed in forma pauperis (D.E. # 2). The
Complaint seeks to prohibit a nonjudicial foreclosure of real property located at 7545 Britney
Woods Circle, Bartlett, Tennessee. The Court granted Plaintiff’s Motion for Leave to Proceed in
forma pauperis on November 5, 2012. On March 28, 2013, the Court referred the case to
Magistrate Judge Tu M. Pham for case management and for all pretrial matters for determination
and/or report and recommendation as appropriate.
The Magistrate Judge made a sua sponte review of plaintiff’s Complaint to determine

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whether the complaint should be dismissed because it is frivolous or malicious, fails to state a
claim upon which relief may be granted, or seeks monetary relief from a defendant who is
immune from such relief pursuant to 28 U.S.C. § 1915(e)(2)(B). On December 10, 2013, the
Magistrate Judge entered a Report & Recommendation (D.E. # 5), recommending that the
Complaint be dismissed for failure to state a claim for relief.
The parties have not filed objections to the Report and Recommendation. The Court
hereby adopts the Magistrate Judge’s Report and Recommendation pursuant to Fed. R. Civ. P.
72(b)(3). Consistent with the Report and Recommendation, Plaintiff’s Complaint is
DISMISSED.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
UNITED STATES DISTRICT JUDGE
Date: January 9, 2014.

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