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Haley v. The Bank of New York Mellon

United States District Court, Eighth Circuit

January 28, 2014

MICHAEL HALEY and MAUREEN HALEY, Plaintiffs,
v.
THE BANK OF NEW YORK MELLON f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-56 Mortgage Pass-Through Certificates, Series 2005-56, et al., Defendants.

ORDER

MICHAEL J. DAVIS, Chief District Judge.

The above-entitled matter comes before the Court upon the Report and Recommendation of Chief United States Magistrate Judge Arthur J. Boylan dated November 21, 2013. Plaintiffs filed a "Rule 201 Request for Judicial Notice" [Docket No. 17], which the Court will liberally construe as an objection[1] to the Report and Recommendation. Defendant filed a response to the Request for Judicial Notice.

Pursuant to statute, the Court has conducted a de novo review upon the record. 28 U.S.C. ยง 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation of Chief United States Magistrate Judge Boylan dated November 21, 2013.

Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED[2]:

1. The Court ADOPTS the Report and Recommendation of Chief United States Magistrate Judge Arthur J. Boylan dated November 21, 2013 [Docket No. 16].

2. Defendants' Motion to Dismiss [Docket No. 6] is GRANTED.

3. This matter is DISMISSED WITH PREJUDICE.

4. The Clerk's Office is directed to send a copy of this Order to William B. Butler, 33 South Sixth Street, Suite 4100, Minneapolis, MN 55402.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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