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COLYER v. FEDERAL HOME LOAN MORTGAGE CORPORATION, 13-10425. (2014)

Court: District Court, E.D. Michigan Number: infdco20140319h02 Visitors: 15
Filed: Mar. 18, 2014
Latest Update: Mar. 18, 2014
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' MOTION TO DISMISS, AND DISMISSING THE COMPLAINT THOMAS L. LUDINGTON, District Judge. On February 4, 2013, John Colyer (Colyer) filed a complaint against the Federal Home Loan Mortgage Corporation, the Federal Housing Finance Agency, and Jack Lew, seeking damages because he claims those Defendants "violated his constitutional rights by taking his property without a due process hearing." Pl.'s Compl. 2, ECF No. 1. Defendants Federal
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ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING DEFENDANTS' MOTION TO DISMISS, AND DISMISSING THE COMPLAINT

THOMAS L. LUDINGTON, District Judge.

On February 4, 2013, John Colyer (Colyer) filed a complaint against the Federal Home Loan Mortgage Corporation, the Federal Housing Finance Agency, and Jack Lew, seeking damages because he claims those Defendants "violated his constitutional rights by taking his property without a due process hearing." Pl.'s Compl. 2, ECF No. 1. Defendants Federal Home Loan Mortgage Corporation and Federal Housing Finance Agency filed a motion to dismiss Colyer's complaint with prejudice. See Defs.' Mot., ECF No. 11. The motion was referred to United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b)(1).

On February 27, 2014, Judge Binder issued a report recommending that the Defendants' motion to dismiss be granted, that Defendant Jack Lew be dismissed, and that Colyer's complaint be dismissed "in its entirety." Report & Rec. 1, ECF No. 14. Although Judge Binder's report explicitly stated that the parties may object to and seek review of the recommendation within 14 days of service of the report, as of today's date, neither party has filed objections. The failure to object to Judge Binder's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Moreover, the failure to file objections to the report waives any further right to appeal. See Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).

Accordingly, it is ORDERED that Judge Binder's report and recommendation, ECF No. 14, is ADOPTED.

It is further ORDERED that the Defendants' motion to dismiss, ECF No. 11, is GRANTED.

It is further ORDERED that Colyer's complaint, ECF No. 1, is DISMISSED with prejudice. This is a final order and closes the case.

Source:  Leagle

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