Mitcham v. CWB Mortgage Ventures, LLC et al

Filing 19

ORDER granting 8 Defendant's Motion to Dismiss; adopting 18 Report and Recommendations. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

THOMAS T. MITCHAM, an individual,
Case No. 1:11-cv-00259-BLW-LMB
Plaintiff,
ORDER
v.
CWB MORTGAGE VENTURES, LLC
DBA IDAHOWIDE MORTGAGE, a
Delaware limited liability corporation;
FIDELITY NATION TITLE
INSURANCE COMPANY, a California
corporation; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., a Delaware
corporation; BANK OF AMERICA,
N.A., a banking association;
RECONTRUST COMPANY, N.A., a
wholly owned subsidiary of Bank of
America, N.A.; and DOES 1 through
100, Inclusive,
Defendants.

On March 20, 2012, United States Magistrate Judge Boyle issued a Report and
Recommendation, recommending that Defendants’ Motion to Dismiss be granted. (Dkt.
8). Any party may challenge a magistrate judge’s proposed recommendation by filing
written objections within fourteen days after being served with a copy of the Magistrate
Judges’s Report and Recommendation. See 28 U.S.C. § 636(b)(1)(C). The district court

must then “make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. The district court
may accept, reject, or modify in whole or in part, the findings and recommendations made
by the Magistrate Judge. Id.; see also Fed. R. Civ. P. 72(b).
No objections to the report and recommendation were filed and the time for doing
so has passed. The Court has reviewed the Report and Recommendation, the parties’
briefing on the Motion, and the entire record in this matter. Based upon this review, the
Court finds the Report and Recommendation has correctly decided the Motion.
ORDER
IT IS ORDERED:
1.

Having conducted a de novo review of the Report and Recommendation,
the Court finds that Magistrate Judge Boyle’s Report and Recommendation
is well founded in law and consistent with the Court’s own view of the
evidence in the record. Therefore, acting on the recommendation of
Magistrate Judge Boyle, and this Court being fully advised in the premises,
IT IS HEREBY ORDERED that the Report and Recommendation entered
on March 20, 2012, (Dkt. 18), shall be, and is hereby, INCORPORATED
by reference and ADOPTED in its entirety.

2.

Defendants’ Motion to Dismiss (Dkt. 8) is GRANTED, and this case shall
be dismissed in its entirety.

3.

The Court will enter a separate judgment in accordance with Fed. R. Civ. P.

58.
DATED: May 1, 2012

B. LYNN WINMILL
Chief U.S. District Court Judge