McInnis v. BAC Home Loan Servicing, LP et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 4 Motion to Dismiss; granting 8 Motion to Dismiss; adopting Report and Recommendations re 11 Report and Recommendations. This case is DISMISSED with prejudice. Signed by District Judge Raymond A. Jackson and filed on 2/3/2012. (rsim)

FILED
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGIN^

FEB

3 2012

Norfolk Division
CLtRK. U.S. DISTRICT COURT
NOf-l-'Oi K. VA

ORETHA B. MCINNIS,
Plaintiff,

v.

CIVIL ACTION NO. 2:llcv468

BAC HOME LOAN SERVICING, LP,
RECONTRUST COMPANY, N.A., and
ALG TRUSTEE, L.L.C.,
as Substitute Trustee
Defendants.

ORDER

Before the Court are Defendants' Motions to Dismiss pursuant to Federal Rule of Civil
Procedure 12(b)(6). On October 5, 2011, this matter was referred to the Honorable United States
Magistrate Judge Tommy E. Miller ("Magistrate Judge Miller") pursuant to the provisions of 28

U.S.C. Section 636(b)(l)(B) and Rule 72(b) of the Federal Rules of Civil Procedure for a report
and recommendation.

On January 13,2012, Magistrate Judge Miller filed his report recommending that
Defendants' Motions to Dismiss be GRANTED. By copy of the report, each party was advised

of their right to file written objections to the findings and recommendations made by the
Magistrate Judge within 14 days from the date of the mailing of Magistrate Judge Miller's report.

The Court has received no objections to the report and the time for filing the same has expired.

The Court does hereby accept the findings and recommendations set forth in the report of
Magistrate Judge Miller.

Accordingly, it is ORDERED that Defendants' Motions to Dismiss are GRANTED.
This case is hereby DISMISSED with prejudice.
The Clerk shall mail a copy of this final Order to counsel for both parties.
IT IS SO ORDERED.

Norfolk, Virginia
February 2

,2012

Raymond A. Jackson

United States District Judge