Meddaugh v. Gateway Financial Services ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION AARON MEDDAUGH, Plaintiff, Case No. 1:22-cv-11312 v. Honorable Thomas L. Ludington United States District Judge GATEWAY FINANCIAL SERVICES and SCOTT SHISLER, Honorable Patricia T. Morris United States Magistrate Judge Defendants. ______________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT FOR FAILURE TO STATE CLAIM On June 13, 2022, Plaintiff Aaron Meddaugh filed a pro se complaint against Defendants Gateway Financial Services and Scott Shisler under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p, Michigan’s Consumer Protection Act, MICH. COMP. LAWS § 600.5807(8), and the common law for intentional infliction of emotional distress. ECF Nos. 1; 2. The case was referred to Magistrate Judge Patricia T. Morris. ECF No. 5. On June 22, 2022, Judge Morris issued a Report and Recommendation (“R&R”) recommending that this Court dismiss the Complaint for failure to state a claim. ECF No. 7. Although the R&R states that Plaintiff may object to and seek review of the R&R within 14 days of service, he has not filed any objections. He has therefore waived his right to appeal Judge Morris’s findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that the Report and Recommendation, ECF No. 7, is ADOPTED, and Plaintiff’s Complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE. Dated: July 5, 2022 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge