DUMITRASH v. RECONTRUST COMPANY, N.A., 3:11-cv-1062-AC. (2012)
Court: District Court, D. Oregon
Number: infdco20120329881
Visitors: 15
Filed: Mar. 26, 2012
Latest Update: Mar. 26, 2012
Summary: ORDER MALCOLM F. MARSH, District Judge. Magistrate Judge John V. Acosta issued a Findings and Recommendation on February 7, 2012, recommending that defendants ReconTrust Company, N.A., BAC Home Loan Servicing LLP and Federal National Mortgage Association's (defendants) Motion to Dismiss (#7) and Motions for Judicial Notice (#9 & 16) be granted. The matter is now before me pursuant to 28 U.S.C. 636(b) (1) and Fed. R. Civ. P. 72(b). No objections have been timely filed. When neither party obj
Summary: ORDER MALCOLM F. MARSH, District Judge. Magistrate Judge John V. Acosta issued a Findings and Recommendation on February 7, 2012, recommending that defendants ReconTrust Company, N.A., BAC Home Loan Servicing LLP and Federal National Mortgage Association's (defendants) Motion to Dismiss (#7) and Motions for Judicial Notice (#9 & 16) be granted. The matter is now before me pursuant to 28 U.S.C. 636(b) (1) and Fed. R. Civ. P. 72(b). No objections have been timely filed. When neither party obje..
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ORDER
MALCOLM F. MARSH, District Judge.
Magistrate Judge John V. Acosta issued a Findings and Recommendation on February 7, 2012, recommending that defendants ReconTrust Company, N.A., BAC Home Loan Servicing LLP and Federal National Mortgage Association's (defendants) Motion to Dismiss (#7) and Motions for Judicial Notice (#9 & 16) be granted. The matter is now before me pursuant to 28 U.S.C. § 636(b) (1) and Fed. R. Civ. P. 72(b). No objections have been timely filed.
When neither party objects to a Magistrate Judge's Findings and Recommendation, this court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
Accordingly, Magistrate Judge Acosta's Findings and Recommendation (#24) is ADOPTED in its entirety. Defendants' Motions for Judicial Notice (#9 & 16) are GRANTED, and defendants' Motion to Dismiss (#7) is GRANTED. It is further ordered that this action is dismissed without prejudice, and that plaintiff may file an amended complaint within 30 days of the date of this order.
IT IS SO ORDERED.
Source: Leagle
