McKinney v. OneWest Bank, FSB
Filing
34
ORDER The Magistrate Judges Recommendation ECF No. 33 is ADOPTED in its entirety; Defendants Motion to Dismiss ECF No. 11 is GRANTED; and The above captioned matter is DISMISSED WITH PREJUDICE pursuant to F.R.C.P. 8(a), 9 (b), and 12(b)(6); and The Clerk shall close the case. Each party shall bear her or its own costs, by Judge William J. Martinez on 7/8/2013.(ervsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 12-cv-2645-WJM-BNB
MONITA MCKINNEY,
Plaintiff,
v.
ONEWEST BANK, FSB,
Defendant.
______________________________________________________________________
ORDER ADOPTING JUNE 13, 2013 RECOMMENDATION OF MAGISTRATE JUDGE
AND GRANTING DEFENDANT’S MOTION TO DISMISS
______________________________________________________________________
This matter is before the Court on the June 13, 2013 Recommendation of United
States Magistrate Judge Boyd N. Boland (the “Recommendation”) (ECF No. 33) that
Defendant’s Motion to Dismiss for Failure to State a Claim Pursuant to F.R.C.P. 8(a),
9(b) and 12(b)(6) (ECF No. 11) be granted. The Recommendation is incorporated herein
by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).
The Recommendation advised the parties that specific written objections were
due within fourteen days after being served with a copy of the Recommendation. (ECF
No. 33 at 5 n.4.) Despite this advisement, no objections to the Magistrate Judge’s
Recommendation have to date been received.
The Court concludes that the Magistrate Judge’s analysis was 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. 33) is ADOPTED in its
entirety;
(2)
Defendant’s Motion to Dismiss (ECF No. 11) is GRANTED; and
(3)
The above captioned matter is DISMISSED WITH PREJUDICE pursuant to
F.R.C.P. 8(a), 9(b), and 12(b)(6); and
(4)
The Clerk shall close the case. Each party shall bear her or its own costs
Dated this 8th day of July, 2013.
BY THE COURT:
_________________________
William J. Martínez
United States District Judge
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