Neyer v. GMAC Homecomings Financial Bank, et al.

Filing 33

ORDER ADOPTING 28 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 2/22/2010. Defendants' 10 Motion to Dismiss is GRANTED as to any claims based on violation of federal criminal statutes are DISMISSED with prejudice. Plaintiff's 1 Complaint is DISMISSED with leave to amend w/in 30 days of this Order.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 / 17 18 19 20 21 22 23 24 25 26 Plaintiffs bring this civil action alleging banking fraud in the context of their home mortgage. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On November 19, 2009, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. Timely objections to the findings and recommendations have been filed. /// /// 1 vs. GMAC HOMECOMINGS FINANCIAL BANK, et al., LELAND ANTHONY NEYER et al., Plaintiff, ORDER No. CIV S-09-1671-GEB-CMK 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 in full;

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed November 19, 2009, are adopted

2. 3. with prejudice; and 4. the date of this order.

Defendants' motion to dismiss (Doc. 10) is granted; Any claims based on violation of federal criminal statutes are dismissed

Plaintiffs' complaint is dismissed with leave to amend within 30 days of

Dated: February 22, 2010

GARLAND E. BURRELL, JR. United States District Judge

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