Crespo et al v. Christina Trust et al
ORDER: The 39 Memorandum and Recommendation is AFFIRMED, the 33 & 35 Motions to Dismiss are GRANTED, and the claims against remaining Defendants BANK OF AMERICA, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and OCWEN LOAN SERVICING, LLC, are DISMISSED without prejudice. Signed by District Judge Max O. Cogburn, Jr. on 3/8/2018. (Pro se litigant served by US Mail.) (maf)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
DOCKET NO. 1:16-cv-00043-MOC-DLH
CAREY A CRESPO
BANK OF AMERICA, N.A.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; AND OCWEN LOAN
THIS MATTER is before the Court on review of a Memorandum and Recommendation
issued in this matter. In the Memorandum and Recommendation, the magistrate judge advised the
parties of the right to file objections within 14 days, all in accordance with 28, United States Code,
Section 636(b)(1)(c). Earlier, this Court allowed plaintiffs additional time file Objections, but such
extended deadline has well passed. No objections have been filed within the time allowed.
Applicable Standard of Review
The Federal Magistrates Act of 1979, as amended, provides that “a district court shall make
a de novo determination of those portions of the report or specific proposed findings or
recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); Camby v. Davis, 718 F.2d
198, 200 (4th Cir.1983). However, “when objections to strictly legal issues are raised and no
factual issues are challenged, de novo review of the record may be dispensed with.” Orpiano v.
Johnson, 687 F.2d 44, 47 (4th Cir. 1982). Similarly, de novo review is not required by the statute
“when a party makes general or conclusory objections that do not direct the court to a specific
error in the magistrate judge’s proposed findings and recommendations.” Id. Moreover, the statute
does not on its face require any review at all of issues that are not the subject of an objection.
Thomas v. Arn, 474 U.S. 140, 149 (1985); Camby, 718 F.2d at 200. Nonetheless, a district judge
is responsible for the final determination and outcome of the case, and accordingly the Court has
conducted a careful review of the magistrate judge’s recommendation.
After such careful review, the Court determines that the recommendation of the magistrate
judge is fully consistent with and supported by current law. Further, the brief factual background
and recitation of issues is supported by the applicable pleadings. Based on such determinations,
the Court will fully affirm the Memorandum and Recommendation and grant relief in accordance
IT IS, THEREFORE, ORDERED that the Memorandum and Recommendation (#39) is
AFFIRMED, the Motions to Dismiss (# 33) and (# 35) are GRANTED, and the claims against
remaining Defendants BANK OF AMERICA, N.A.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; and OCWEN LOAN SERVICING, LLC, are
DISMISSED without prejudice pursuant to Federal Rules of Civil Procedure 4 and 12(b)(2),
(b)(4), (b)(5) and for failure to comply with this Court’s prior orders directing Plaintiffs to properly
serve their pleadings.
The Clerk of Court is instructed to terminate this action.
Signed: March 8, 2018
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