Collins v. Ace Mortgage Funding, LLC et al

Filing 110

ORDER. the Recommendation of United States Magistrate Judge 104 filed 05/19/2009, is APPROVED AND ADOPTED. The objections stated in Plaintiffs Objections or for Reconsideration of the Recommendation of Magistrate Judge Kristen L. Mix 105 filed 0 5/29/2009, are OVERRULED. Defendant Countrywide Home Loans, Inc.s Motion To Dismiss or for Summary Judgment 52 filed 12/05/2008, is GRANTED. Defendant Countrywide Home Loans, Inc.s Amended Motion To Dismiss or for Summary Judgment 19 filed 09/08 /2008, is DENIED AS MOOT. Plaintiffs Amended Motion for Summary Judgment and for Judgment on the Pleadings Against Countrywide Home Loans, Inc., a/k/a Countrywide Home Loans Servicing, LP, and its Employees, Agents and Affiliates, Individually Only 84 filed 02/10/2009, is DENIED. Plaintiffs Motion for Leave To Propound Discovery Out of Time 99 filed 05/04/2009, is DENIED. Plaintiffs Motion for Leave To File Out of Time His Second Amended Verified Complaint and Joinder 100 filed 05/04/200 9, is DENIED. That the First, Second, Third, Fourth, Fifth, Sixth, Eighth, and Ninth Claims for Relief asserted in the Amended Verified Complaint 48 filed 11/12/2008, are DISMISSED WITH PREJUDICE. Judgment is entered, judgment SHALL ENTER on beha lf of defendant, Countrywide Home Loans, Inc., a/k/a Countrywide Home Loans Servicing, LP, and its employees, agents and affiliates, individually, against plaintiff, Michael A. Collins, an individual, as to all claims for relief and causes of action. By Judge Robert E. Blackburn on 06/23/2009.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 08-cv-01709-REB-KLM MICHAEL A. COLLINS, an individual, Plaintiff, v. ACE MORTGAGE FUNDING, LLC, and its employees, agents and affiliates, individually, and COUNTRYWIDE HOME LOANS, INC., a/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, and its employees, agents and affiliates, individually, Defendants. ORDER OVERRULING OBJECTIONS TO AND ADOPTING RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matters before me are (1) the Recommendation of United States Magistrate Judge [#104] filed May 19, 2009; and (2) Plaintiff's Objections or for Reconsideration of the Recommendation of Magistrate Judge Kristen L. Mix [#105] filed May 29, 2009. I overrule the objections and adopt the recommendation. As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendation to which objections have been filed, and have considered carefully the recommendation, objections, and applicable caselaw. Moreover, because plaintiff is proceeding pro se, I have construed his pleadings more liberally and held them to a less stringent standard than formal papers drafted by lawyers. See Erickson v. Pardus, 551 U.S. 89, ___, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081 (2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Belmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)). The recommendation is detailed and well-reasoned. Contrastingly, plaintiff's objections are imponderous and without merit. Thus, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#104] filed May 19, 2009, is APPROVED AND ADOPTED as an order of this court; 2. That the objections stated in Plaintiff's Objections or for Reconsideration of the Recommendation of Magistrate Judge Kristen L. Mix [#105] filed May 29, 2009, are OVERRULED; 3. That Defendant Countrywide Home Loans, Inc.'s Motion To Dismiss or for Summary Judgment [#52] filed December 5, 2008, is GRANTED; 4. That Defendant Countrywide Home Loans, Inc.s' Amended Motion To Dismiss or for Summary Judgment [#19] filed September 8, 2008, is DENIED AS MOOT; 5. That plaintiff's Amended Motion for Summary Judgment and for Judgment on the Pleadings Against Countrywide Home Loans, Inc., a/k/a Countrywide Home Loans Servicing, LP, and its Employees, Agents and Affiliates, Individually Only [#84] filed February 10, 2009, is DENIED; 2 6. That Plaintiff's Motion for Leave To Propound Discovery Out of Time [#99] filed May 4, 2009, is DENIED; 7. That Plaintiff's Motion for Leave To File Out of Time His Second Amended Verified Complaint and Joinder [#100] filed May 4, 2009, is DENIED; 8. That the First, Second, Third, Fourth, Fifth, Sixth, Eighth, and Ninth Claims for Relief asserted in the Amended Verified Complaint [#48] filed November 12, 2008, are DISMISSED WITH PREJUDICE as against defendant, Countrywide Home Loans, Inc., a/k/a Countrywide Home Loans Servicing, LP, and its employees, agents and affiliates, individually; and 9. That at the time judgment is entered, judgment SHALL ENTER on behalf of defendant, Countrywide Home Loans, Inc., a/k/a Countrywide Home Loans Servicing, LP, and its employees, agents and affiliates, individually, against plaintiff, Michael A. Collins, an individual, as to all claims for relief and causes of action in accordance with this order. Dated June 23, 2009, at Denver, Colorado. BY THE COURT: 3

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