Clair v. Bank of America, N.A. et al

Filing 9

ORDER Adopting 7 8 Report and Recommendation. Signed by Judge Sheryl H. Lipman on 7/14/16. (Lipman, Sheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
ALEXANDRA CLAIR, et al.,
Plaintiffs,
v.
BANK OF AMERICA, N.A., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. 16-cv-2263-SHL-dkv

ORDER ADOPTING THE REPORT AND RECOMMENDATION
Before the Court is the Chief Magistrate Judge’s Report and Recommendation for sua
sponte Dismissal of pro se Plaintiff Alexandra Clair’s Complaint. (ECF No. 8.) A magistrate
judge may submit to a judge of the court proposed findings of fact and recommendations for
dismissal of a complaint for failure to state a claim upon which relief can be granted. 28 U.S.C.
§ 636(b)(1)(B). When neither party objects to the magistrate judge’s factual or legal
conclusions, the district court need not review those findings under a de novo or any other
standard. Thomas v. Arn, 474 U.S. 140, 150 (1985). Here, the deadline to file an objection to
the R&R was July 11, 2016; however, to date, Plaintiff has not filed an objection. For that
reason, the Court ADOPTS the Report and Recommendation in its entirety, and DISMISSES
Plaintiff’s claims WITH PREJUDICE.1

1

The Court dismisses Plaintiff’s claims with prejudice because the basis of the Chief Magistrate
Judge’s recommendation for dismissal is that the claims are time-barred. Ester v. Amoco Oil
Co., 65 F.3d 168 (6th Cir. 1995) (affirming dismissal with prejudice due to claims being timebarred).

IT IS SO ORDERED, this 14th day of July, 2016.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE

2