Delorean v. First Horizon Home Loans, et al

Filing 47

ORDER: Adopting Findings and Recommendation 41 . Plaintiff is granted 20 days to file an amended complaint. Failure to file an amended complaint will result in dismissal with prejudice. Signed on 9/21/11 by Judge Owen M. Panner. (dmd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
LESLIE DELOREAN
Plaintiff,
v.
FIRST HORIZON HOME LOANS,
MERS AND DOES 1-10,
Defendants.

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Civ. No. 10-3021-CL

ORDER

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PANNER, J.
Magistrate Judge Mark D. Clarke filed a Report and
Recommendation[#41], and the matter is now before this court. See
28 U.S.C. § 636(b) (1) (B), Fed. R. Civ. P. 72 (b). Plaintiff filed
objections and I have reviewed the file of this case de novo. See
28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore

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Bus. Mach" Inc.,

656 F.2d 1309, 1313 (9th Cir. 1981). I conclude

the report is correct.
The amended complaint (#36) contains few specific factual
allegations. Plaintiff's conc1usory statements supported by
quotations to case law apparently cut and pasted from various
online sources does not include the necessary specific factual
allegations to allow the court to determine how these specific
defendants allegedly harmed plaintiff.
Finally, plaintiff states that it is improper for Magistrate
Judge Clarke to conduct certain pretrial matters without her
consent. Plaintiff is incorrect. See 28 U.S.C.

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636(b)(1)(B),

Fed. R. Civ. P. 72(b).
CONCLUSION

Magistrate Judge Clarke's report (#41) is adopted. Plaintiff
is granted 20 days to file an amended complaint. Failure to file
an amended complaint will result. in dismissal with prejudice.
IT IS SO ORDERED.
DATED this

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day of September, 2011.

OWEN M. PANNER
U.S. DISTRICT JUDGE

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