Riley v. JP Morgan Chase Bank N.A.
Filing
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ORDER The Magistrate Judges Recommendation ECF No. 23 is ADOPTED in its entirety; Defendant Mortgage Electronic Registration Systems, Inc.s Motion to Dismiss ECF No. 9 is GRANTED; Plaintiffs claims against Defendant Mortgage Electronic Registra tion Systems, Inc. are hereby DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted; and Defendants request for an award of costs and attorney fees contained within the Motion to Dismiss is DENIED WITHOUT PREJUDICE as premature, by Judge William J. Martinez on 1/15/2013.(ervsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 12-cv-0821-WJM-BNB
FRANCES RILEY,
Plaintiff,
v.
JP MORGAN CHASE BANK N.A., and,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
Defendants.
ORDER ADOPTING DECEMBER 7, 2012 RECOMMENDATION OF THE
MAGISTRATE JUDGE AND GRANTING DEFENDANT MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.’S MOTION TO DISMISS
This matter is before the Court on the December 7, 2012 Recommendation of
United States Magistrate Judge Boyd N. Boland (the “Recommendation”) (ECF No. 23)
that Defendant Mortgage Electronic Registration Systems, Inc.’s Motion to Dismiss (ECF
No. 9) be granted. The Recommendation is incorporated herein by reference. See 28
U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).
Pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b) any party may serve
and file written objections to the Magistrate Judge’s proposed findings and
recommendations with the Clerk of the United States District Court for the District of
Colorado within fourteen days after service of a copy of the Recommendation. No
objections to the Magistrate Judge’s Recommendation have to date been filed by either
party.
The Court concludes that the Magistrate Judge’s analysis was thorough and
sound, and that there is no clear error on the face of the record. See Fed. R. Civ. P.
72(b) advisory committee’s note (“When no timely objection is filed, the court need only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.”); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991)
(“In the absence of timely objection, the district court may review a magistrate’s report
under any standard it deems appropriate.”).
In accordance with the foregoing, the Court ORDERS as follows:
1.
The Magistrate Judge’s Recommendation (ECF No. 23) is ADOPTED in its
entirety;
2.
Defendant Mortgage Electronic Registration Systems, Inc.’s Motion to Dismiss
(ECF No. 9) is GRANTED;
3.
Plaintiff’s claims against Defendant Mortgage Electronic Registration Systems,
Inc. are hereby DISMISSED WITH PREJUDICE for failure to state a claim upon
which relief can be granted; and
4.
Defendant’s request for an award of costs and attorney fees contained within the
Motion to Dismiss is DENIED WITHOUT PREJUDICE as premature.
Dated this 15th day of January, 2013.
BY THE COURT:
_________________________
William J. Martínez
United States District Judge
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