Palma v. Select Portfolio Servicing, Inc. et al.

Filing 46

ORDER signed by District Judge Kimberly J. Mueller on 5/31/2017 FINDINGS AND RECOMMENDATIONS 45 are ADOPTED in FULL; The second cause of action for violation of California Civil Code Sec 2923.7 is DISMISSED with prejudice. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAY PALMA, 12 Plaintiff, 13 14 15 v. ORDER SELECT PORTFOLIO SERVICING, INC., et al., Defendants. 16 Plaintiff is proceeding in this action pro se. The matter was referred to a United States 17 18 No. 2:16-cv-0633 KJM CKD PS Magistrate Judge as provided by Local Rule 302(c). On May 3, 2017, the magistrate judge filed findings and recommendations, which were 19 20 served on the parties and which contained notice to the parties that any objections to the findings 21 and recommendations were to be filed within fourteen days. None of the parties have filed 22 objections to the findings and recommendations. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 602 24 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 25 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 26 the file, the court finds the findings and recommendations to be supported by the record and by 27 the proper analysis. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 3, 2017, are adopted in full; and 3 2. The second cause of action for violation of California Civil Code § 2923.7 is dismissed 4 with prejudice. 5 DATED: May 31, 2017. 6 7 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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