Bank Of America v Yakimenko

Filing 36

ORDER signed by Judge Morrison C. England, Jr on 8/15/11 ORDERING 35 Findings and Recommendations are adopted in full; and 20 Motion for Default Judgment is DENIED without prejudice. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BANK OF AMERICA,

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Plaintiff,

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vs.
NIKOLAY YAKIMENKO, et al.,

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CIV. NO. S-09-2865 MCE GGH

Defendant.

ORDER

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On June 21, 2011, the magistrate judge filed findings and recommendations herein which

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were served on the parties and which contained notice that any objections to the findings and

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recommendations were to be filed within fourteen days. No objections were filed.

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Accordingly, the court presumes any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983).

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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The Findings and Recommendations filed June 21, 2011 (ECF No. 35), are

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ADOPTED in full; and
2. Plaintiff’s application for entry of default judgment is DENIED without prejudice.
Dated: August 15, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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