Salem v. US Bank NA, No. 1:2015cv06782 - Document 26 (N.D. Ill. 2015)

Court Description: MEMORANDUM Opinion and Order: Before the court is Plaintiff's request for a motion to compel seeking to have a residential rental agreement declared enforceable against Defendant Bank and an injunction requiring Defendant Bank to make certain "urgent repairs" on the residential property. For the reasons stated below, we adopt Magistrate Judge Kim's Report and Recommendation and deny Plaintiff's motion to compel. Signed by the Honorable Marvin E. Aspen on 10/13/2015. Mailed notice. (mgh, )

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Salem v. US Bank NA Doc. 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MAURICE JAMES SALEM, ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. U.S. BANK N.A., as Trustee, on Behalf of the Holders of the J.P. Morgan Mortgage Trust 2007-S3 Mortgage Pass-Through Certificates, Defendant. No. 15 CV 6782 District Judge Marvin E. Aspen Magistrate Judge Young B. Kim MEMORANDUM OPINION AND ORDER MARVIN E. ASPEN, District Judge: Before the court is Plaintiff’s request for a motion to compel seeking to have a residential rental agreement declared enforceable against Defendant Bank and an injunction requiring Defendant Bank to make certain “urgent repairs” on the residential property. For the reasons stated below, we adopt Magistrate Judge Kim’s Report and Recommendation and deny Plaintiff’s motion to compel. DISCUSSION Our review of a magistrate judge's Report and Recommendation is governed by 28 U.S.C. § 636(b)(1)(c), which provides in part: A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1)(c). Dockets.Justia.com The statute permits objections to a magistrate judge's Report and Recommendation to be made within fourteen days of service of a copy of the Report. Id.; see also Fed. R. Civ. P. 72(b) (setting forth procedures for objecting to a magistrate judge's Report and Recommendation and the district court's resolution of any objections). Failure to object constitutes a waiver of the right to appeal. See Tuminaro v. Astrue, 671 F.3d 629, 633 (7th Cir. 2011). As of the date of this order, no objection to the Report and Recommendation has been filed, and the time for making objections has now passed. Having carefully reviewed the Report and Recommendation prepared by Judge Kim, as well as the complete record of the matter, we adopt the Report and Recommendation in its entirety and accept the recommended disposition. Accordingly, Plaintiff’s motion to compel is denied. It is so ordered. ____________________________________ Marvin E. Aspen United States District Judge Dated: Chicago, Illinois October 13, 2015

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