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16-4629 - Beasley v. INDY Mac Bank et al


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16-4629 - Beasley v. INDY Mac Bank et al
February 26, 2018
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REPORT AND RECOMMENDATION re 23 MOTION to Dismiss. This Court respectfully recommends to Judge Seybert that the motion to dismiss be GRANTED. SEE ATTACHED REPORT AND RECOMMENDATION for further information and instructions regarding the deadline for objections. Defendant's counsel is directed to serve a copy of this Report and Recommendation upon the pro se Plaintiff forthwith by overnight mail and first-class mail and to file proof of such service promptly on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/23/2018 (Tomlinson, A.) (Main Document 37 replaced on 2/26/2018 to correct footnote text on page 6) (Ryan, Mary).
March 31, 2018
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MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Tomlinson's R&R (Docket Entry 37) is ADOPTED in its entirety and the Trust's motion to dismiss (Docket Entry 23) is GRANTED. Plaintiff's claims against the Trust are DISMISSED WITH PREJUDICE, and the Clerk of the Court is directed to TERMINATE Deutsche Bank National Trust Company as a defendant in this action. Given Plaintiff's pro se status, the Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis status is DENIED for purposes of an appeal. The Clerk of the Court is directed to mail a copy of this Memorandum & Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 3/31/2018. C/M; C/ECF (Valle, Christine)