Powell v. Fannie Mae

Powell v. Fannie Mae

Plaintiff:	Tanya Giles Powell
Defendant:	Fannie Mae
Case Number:	1:2016cv01359
Filed:	February 22, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Kevin Nathaniel Fox
Presiding Judge:	Laura Taylor Swain
Nature of Suit:	Property Damage Product Liability
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 22, 2017	Filing 32 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS: for 31 Report and Recommendations. In reviewing a report and recommendation, a district court "may accept, reject or modify, in whole or in part, the findings or recommendations made by t he magistrate judge." 28 U.S.C.S § 636(b)(1) (LexisNexis 2001). In order to accept those portion of the Report to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the f ace of the record." Carlson v. Dep't of Justice, No. 10 CV 5149,2012 WL 928124, at* 1 (S.D.N.Y. Mar. 19, 2012). The Court has not received any objections to the Report from either Plaintiff or Defendant, so a review for clear error is appro priate. The Court has reviewed carefully Magistrate Judge Fox's thorough Report and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Because the Report explicitly states that "[f]ai lure to object within fourteen (14) days will result in a waiver of objections and will preclude appellate review," the parties' failure to object operates as a waiver of objections and appellate review. See Graham v. City of New York, 433 F. App'x 657, 658 (2d Cir. 2011). And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/22/2017) Copies Mailed By Chambers. (ama) Modified on 2/22/2017 (ama).

Date Filed

Document Text

February 22, 2017

Filing 32 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS: for 31 Report and Recommendations. In reviewing a report and recommendation, a district court "may accept, reject or modify, in whole or in part, the findings or recommendations made by t he magistrate judge." 28 U.S.C.S § 636(b)(1) (LexisNexis 2001). In order to accept those portion of the Report to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the f ace of the record." Carlson v. Dep't of Justice, No. 10 CV 5149,2012 WL 928124, at* 1 (S.D.N.Y. Mar. 19, 2012). The Court has not received any objections to the Report from either Plaintiff or Defendant, so a review for clear error is appro priate. The Court has reviewed carefully Magistrate Judge Fox's thorough Report and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. Because the Report explicitly states that "[f]ai lure to object within fourteen (14) days will result in a waiver of objections and will preclude appellate review," the parties' failure to object operates as a waiver of objections and appellate review. See Graham v. City of New York, 433 F. App'x 657, 658 (2d Cir. 2011). And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/22/2017) Copies Mailed By Chambers. (ama) Modified on 2/22/2017 (ama).

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Plaintiff: Tanya Giles Powell
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Defendant: Fannie Mae
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