Bouyer et al v. GMAC Mortgage

Filing 42

ORDER signed by Judge Garland E. Burrell, Jr on 11/9/2009 ADOPTING 33 FINDINGS AND RECOMMENDATIONS; The claims of usury, abuse of process, intentional infliction of emotional distress, and trespass are dismissed with prejudice. (Matson, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. GMAC MORTGAGE, Defendant. __________________________________/ On September 3, 2009, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. No objections were filed. Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Findings and Recommendations in full. /// 1 ORDER MITCHELL E. BOUYER, SR., et al., Plaintiffs, 2:08-cv-3022-GEB-GGH-PS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and

Accordingly, IT IS ORDERED that: 1. The Findings and Recommendations filed September 3, 2009, are ADOPTED;

2. The claims of usury, abuse of process, intentional infliction of emotional distress, and trespass are dismissed with prejudice. Dated: November 9, 2009

GARLAND E. BURRELL, JR. United States District Judge

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