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McLehan v. Chase Bank

March 17, 2010

DARREN MCLEHAN AND NOREEN MCLEHAN, PLAINTIFF,
v.
CHASE BANK, NA, TROTT AND TROTT, P.C., COUNTY OF WAYNE, AND FEDERAL HOME LOAN MORTGAGE CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: David M. Lawson United States District Judge

Honorable David M. Lawson

Magistrate Judge R. Steven Whalen

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING THE DEFENDANT'S MOTION TO DISMISS

Presently before the Court is the report issued on February 26, 2010 by Magistrate Judge R. Steven Whalen pursuant to 28 U.S.C. § 636(b). Judge Whalen recommended denying the motion to dismiss filed by defendant Trott and Trott, P.C., because the plaintiff's complaint states a cognizable claim against this defendant.

Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the Magistrate Judge.

Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation [dkt # 34] is ADOPTED.

It is further ORDERED that the defendant's motion to dismiss [dkt. # 7] is DENIED.

20100317

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