George et al v. Urban Settlement Services et al.

Filing 114

ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION by Judge Philip A. Brimmer on 05/10/2018. The Recommendation of United States Magistrate Judge 113 is accepted. The Motion to Intervene by Ajay Sood, a Victim of Bank of America, N.A.'s H.A.M.P. Fraud 85 and the Motion to Intervene Under F.R.C.P. § 24(b) Re: H.A.M.P. Loan Modification Fraud 90 are denied. (sphil, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 13-cv-01819-PAB-KLM RICHARD GEORGE, STEVEN LEAVITT, SANDRA LEAVITT, DARRELL DALTON, and all others similarly situated, Plaintiffs, v. BANK OF AMERICA, N.A., Defendant. ____________________________________________________________________ ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION _____________________________________________________________________ This matter is before the Court on the Recommendation of United States Magistrate Judge Kristen L. Mix filed on April 19, 2018 [Docket No. 113]. The Recommendation states that objections to the Recom mendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on April 19, 2018. No party has objected to the Recommendation. In the absence of an objection, the district court may review a magistrate judge’s recommendation under any standard it deems appropriate. See Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“[i]t does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings”). In this matter, the Court has reviewed the Recommendation to satisfy itself that there is “no clear error on the face of the record.”1 Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has concluded that the Recommendation is a correct application of the facts and the law. Accordingly, it is ORDERED as follows: 1. The Recommendation of United States Magistrate Judge [Docket No. 113] is accepted. 2. The Motion to Intervene by Ajay Sood, a Victim of Bank of America, N.A.’s H.A.M.P. Fraud [Docket No. 85] and the Motion to Intervene Under F.R.C.P. § 24(b) Re: H.A.M.P. Loan Modification Fraud [Docket No. 90] are denied. DATED May 10, 2018. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 1 This standard of review is something less than a “clearly erroneous or contrary to law” standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo review. Fed. R. Civ. P. 72(b). 2

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