JAMES M. MUNLEY, District Judge.
Before the court for disposition is Chief Magistrate Judge Martin C. Carlson's report and recommendation (hereinafter "R&R"). (Doc. 81). The R&R proposes granting Defendant Bank of America's (hereinafter "defendant") motion for summary judgment (Doc. 69) and dismissing Plaintiffs John Joseph Liptok and a putative class's (hereinafter "plaintiffs") motion to dismiss the motion for summary judgment (Doc. 78). For the following reasons, we will adopt the R&R.
Plaintiffs reside in one half of a duplex property located in Pottsville, Pennsylvania. (Doc. 71, Def.'s Concise Statement of Material Facts (hereinafter "SOF") ¶ 1).
On October 20, 2016, Chief Magistrate Judge Carlson recommended granting defendant's motion for summary judgment and dismissing plaintiffs' motion to dismiss the motion for summary judgment. (Doc. 71). Plaintiffs filed timely objections to the R&R, and they are now ripe for disposition.
In disposing of objections to a magistrate judge's report and recommendation, the district court must make a de novo determination of those portions of the report against which objections are made. 28 U.S.C. § 636(b)(1)(c);
Chief Magistrate Judge Carlson recommends granting defendant's motion for summary judgment and dismissing plaintiffs' complaint for three reasons: (1) plaintiffs failed to timely oppose the motion; (2) plaintiffs have failed to prosecute their action at all stages of litigation; and (3) plaintiffs' claims fail on their merits. We do not address the R&R's reasoning, however, because plaintiffs have failed to specifically object to it. As a result, we must adopt the R&R and dismiss plaintiffs' complaint.
As written above, in disposing of objections to a magistrate judge's report and recommendation, the district court must make a de novo determination of those portions of the report against which objections are made. 28 U.S.C. § 636(b)(1)(c);
Here, plaintiffs do not reference, let alone object to, any of the rationale discussed in the R&R. While they are adept at expressing their frustrations with the legal system, plaintiffs' response to the R&R amounts to mere surplusage rather than specific, substantive legal argument requiring our consideration. As plaintiffs have not made specific objections to the R&R, they are not entitled to de novo review.
For the foregoing reasons, we will overrule plaintiffs' objections and adopt Chief Magistrate Judge Carlson's R&R granting defendant's motion for summary judgment and dismissing plaintiffs' motion to dismiss the motion for summary judgment. An appropriate Order follows.
After a careful review, we find neither a clear error on the face of the record nor a manifest injustice for three reasons. First, plaintiffs failed to timely oppose defendant's motion for summary judgment under Local Rule 7.6, and therefore, the motion is deemed unopposed. Second, the record reflects that plaintiffs have repeatedly failed to prosecute or to comply with court rules and orders under FED. R. CIV. P. 41(b), and therefore, pursuant to the factors articulated in