Pantalion v. Resmae Mortgage Corporation et al

Filing 42

ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 06/22/10 and ORDERING that the 11 01/28/10 Motion to Dismiss by dfts Wilshire Credit Corporation, Mortgage Electronic Registration Systems, Inc., M errill Lynch Mortgage Investors, Inc., and Merrill Lynch Investors Trust Series 2006 RM5, is GRANTED and these dfts are DISMISSED w/ prejudice; and the 17 02/17/10 Motion to Dismiss by dft ResMAE is GRANTED and this dft is DISMISSED w/ prejudice. (Benson, A.)

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. RESMAE MORT. CORP., et al., Defendants. __________________________________/ On May 13, 2010, 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 fourteen days. Plaintiff filed objections on May 27, 2010, defendants filed a reply to the objections on June 10, 2010, and they were considered by the district judge. This court reviews de novo those portions of the proposed findings of fact to which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As to any portion of the proposed findings of fact to which no objection has been made, the court assumes its correctness and decides the motions on the applicable law. 1 CHARITY MAE PANTALION, Plaintiff, ORDER No. 2:09-cv-02262-MCE-GGH IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). 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. Accordingly, IT IS ORDERED that: 1. The Findings and Recommendations filed May 13, 2010, are ADOPTED; 2. The motion to dismiss, filed January 28, 2010, by defendants Wilshire Credit Corporation, Mortgage Electronic Registration Systems, Inc., Merrill Lynch Mortgage Investors, Inc., and Merrill Lynch Investors Trust Series 2006 RM5, is granted and these defendants are dismissed with prejudice; and 3. The motion to dismiss, filed February 17, 2010, by defendant ResMAE is granted, and this defendant is dismissed with prejudice. Dated: June 22, 2010 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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