Zizi v. U.S. Bank National Association as Trustee for Credit Suisse First Boston, 2005-10, by its Attorney in Fact Wells Fargo Bank, N.A. Successor by Merger to Well Fargo Home Mortgage Inc. et al

Filing 14

ORDER that Magistrate Judge Peggy A. Leens report and recommendation 7 is ADOPTED IN ITS ENTIRETY. Plaintiffs complaint 1 is DISMISSED for failure to state a claim upon which relief can be granted. Accordingly, plaintiffs remaining motion to stay is denied as moot. The clerk shall dismiss the complaint and close the case accordingly. Signed by Judge James C. Mahan on 12/12/11. (Copies have been distributed pursuant to the NEF - ECS)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 TSADOK ZIZI, 9 10 11 12 13 2:11-CV-1511 JCM (PAL) Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON, et al., 14 Defendants. 15 16 ORDER 17 Presently before the court is the report and recommendation of Magistrate Judge Peggy A. 18 Leen (doc. #7) regarding plaintiff’s complaint (doc. #1). Plaintiff filed an objection to the report and 19 recommendation. (Doc. 10). 20 The magistrate judge granted plaintiff’s motion to proceed in forma pauperis. Accordingly, 21 pursuant to 28 U.S.C. § 1915, the magistrate judge proceeded to screen the complaint to determine 22 if the complaint is “frivolous or malicious,” failed to state a claim for which relief could be granted, 23 or sought monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 24 1915(e)(2). 25 The magistrate judge found that the complaint failed to state a claim upon which relief could 26 be granted. Plaintiff’s difficult to follow objection contends that the magistrate judge erred and that 27 his complaint states valid claims. Upon review of the magistrate judge’s recommendation, however, 28 James C. Mahan U.S. District Judge 1 this court finds no error. 2 Accordingly, 3 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Magistrate Judge Peggy 4 A. Leen’s report and recommendation (doc. #7) be, and the same hereby is, ADOPTED IN ITS 5 ENTIRETY. 6 IT IS THEREFORE ORDERED that plaintiff’s complaint (doc. #1) be, and the same hereby 7 is, DISMISSED for failure to state a claim upon which relief can be granted. Accordingly, plaintiff’s 8 remaining motion to stay is denied as moot. 9 10 The clerk shall dismiss the complaint and close the case accordingly. DATED December 12, 2011. 11 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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