United States v. Elias ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, Case No. 22-10544 v. Honorable Nancy G. Edmunds WILLIAM ELIAS, SYDNEY ELIAS, JAMIE AYOUB, and HILDA ZAROU, Defendants. _______________________________/ ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE’S AUGUST 4, 2022 REPORT AND RECOMMENDATION [30] This action was initiated by Plaintiff United States of America to avoid allegedly fraudulent transfers of property. (ECF No. 1.) The case has been referred to Magistrate Judge Elizabeth A. Stafford for all pre-trial matters. (ECF No. 12.) Magistrate Judge Stafford granted Plaintiff’s motion for leave to amend its complaint (ECF No. 29) and now recommends the denial of Defendants’ motion to dismiss without prejudice as moot (ECF No. 30). No party has filed objections to the Magistrate Judge’s report and recommendation. “[T]he failure to object to the magistrate judge’s report[] releases the Court from its duty to independently review the matter.” See Hall v. Rawal, No. 09-10933, 2012 U.S. Dist. LEXIS 120541, at *2 (E.D. Mich. Aug. 24, 2012) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). Nonetheless, the Court has reviewed the matter and agrees with the Magistrate Judge’s recommendation. The Court, therefore, ACCEPTS AND ADOPTS the report and recommendation (ECF No. 30). Accordingly, Defendants’ motion to dismiss (ECF Nos. 15, 18, 21, 22) is DENIED WITHOUT PREJUDICE. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: August 24, 2022 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 24, 2022, by electronic and/or ordinary mail. s/Lisa Bartlett Case Manager