Marty-Bey et al v. U.S. Bank Trust, N.A. et al

Middle District of Florida, flmd-8:2017-cv-00349

ORDER adopting Report and Recommendations re {{6}} Report and Recommendations. The Clerk of Court is directed to remand this case to state court (see order for instructions), and to close this case and terminate any pending motions. Signed by Judge Elizabeth A. Kovachevich on 4/24/2017. (EJJ)

Interested in this case?

Current View

Full Text

PageID 44 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CECILIO MARTY-BEY, DORIS A. MARTY-BEY, and AL'MAURll KHAN NATION, Indian Country, America, Plaintiffs, v. Case No: 8:17-cv-349-T-17TBM U.S. BANK TRUST, N.A., as Trustee for LSF9 Master Participation Trust and OCWEN LOAN SERVICING LLC, Defendants. ORDER This cause comes before the Court pursuant to the Report and Recommendation (Doc. No. 6) (the "R&R") entered by United States Magistrate Judge Thomas B. Mccoun, Ill on April 4, 2017. Pursuant to the R&R, the Magistrate Judge recommends that the motion for leave to proceed in forma pauperis (Doc. No. 3) (the "IFP Motion") filed by the Plaintiffs be denied, and that the case be dismissed and remanded to state court for all further proceedings. For the reasons set forth below, the R&R is ADOPTED AND INCORPORATED BY REFERENCE. I. Background The Plaintiffs commenced this case by filing a "Notice of Removal," along with the IFP Motion, on February 13, 2017. Through the foregoing, the Plaintiffs appear to seek review of a state court foreclosure action pending in the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida. Magistrate Mccoun reviewed the "Notice of Removal," the IFP Motion, and the docket in the state court action, and determined that PageID 45 the case should be remanded to state court for lack of jurisdiction. As of the entry of this order, the Plaintiffs have not responded to the R&R. II. Discussion Under the Federal Magistrate's Act (the "Act"), Congress vested Article Ill judges with the power to "designate a magistrate judge to hear and determine any pretrial matter pending before the court," subject to various exceptions. 28 U.S.C. § 636(b)(1)(A). The Act further vests magistrate judges with authority to "submit to the judge of the court proposed findings offact and recommendations for the disposition" by an Article. Ill judge. 28 U.S.C. § 636(b)(1)(B). "Within fourteen days after being served with a copy [of a magistrate's report and recommendation], any party may serve and file written objections to such proposed findings and recommendations." 28 U.S.C. § 636(b)(1). On review by the district court, "the court shall make a de novo determination of those portions of the report ... to .which objection is made." Id. When no timely and specific objections are filed, case law indicates the court should review the findings using a clearly erroneous standard. Gropp v. United Airlines, Inc., 817F.Supp.1558,1562 (M.D. Fla.1993). Here, the Plaintiffs failed to object to the R&R within the time permitted and, as a result, the Court deems the R&R to be unopposed. Upon due consideration, the Court concurs with the R&R. Ill. Conclusion Accordingly, it is ORDERED that the R&R is ADOPTED AND INCORPORATED BY REFERENCE. The IFP Motion is DENIED. The Clerk of Court is directed to REMAND this case to state court by sending a certified copy of this order to the Clerk of Court for the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida. 2 PageID 46 Order in Case No. 8:17-cv-00349-EAK-TBM It is further ORDERED that the Clerk of Court is directed to CLOSE this case, and TERMINATE any pending motions. DONE and ORDERED in Chambers, in Tampa, Florida this 24th day of April, 2017. Copies furnished to: Counsel of Record Unrepresented Parties 3