Gibson et al v. PNC Bank, National Association et al

Filing 28

ORDER: Adopting the Report and Recommendation 24 ; This matter is dismissed with prejudice. Signed on 7/1/2013 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE, FOR THE HOLDERS OF
THE FIRST MORTGAGE LOAN TRUST,
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2005-FF7,
Plaintiff,
v.

LORI A. REED,
Defendant.
LORI A. GIBSON fka Loria A. Reed,
and SHON L. GIBSON,
Plaintiffs,
PNC BANK, NATIONAL ASSOCIATION,
successor in interest by acquisition.
and merger of First Franklin, a
Division of National City Bank of
Indiana, et al.,
Defendants,

1 - ORDER

1:12-cv-1542-CL
ORDER .

PANNER, District Judge:

Magistrate Judge Mark D. Clarke filed a Report and
Recommendation and the matter is now before me. 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.

§

63 6 (b) ( 1) (c) ; McDonnell Douglas Corp. v. Commodore Bus. Mach. ,
Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I conclude the report
is correct.
The quitclaim deed is unambiguous. It clearly transferred all
of plaintiff's interest in the property. Therefore, plaintiff's
arguments about the true intentions of the parties are
inadmissible. James b. House Living Trust ex rei. House v.
Thompson, 230 Or. App. 595,

600 (2009). Any amendment by plaintiff

is futile. The report correctly declined to reach the issue of
whether Ron Gibson may

brin~

a claim against defendants.

(Report,

4 n.l.)

I adopt the Report and Recommendation (#24-1). This matter is
dismissed with prejudice.
IT IS SO ORDERED.

DATED this

(

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER