Dumitrash v. ReconTrust Company, N. A. et al

Filing 26

ORDER. Accordingly, Magistrate Judge Acosta's Findings and Recommendation 24 is ADOPTED in its entirety. Defendants' Motions for Judicial Notice (#9 & #16) are GRANTED, and defendants' Motion to Dismiss (#7) is GRANTED. It is further ordered that this action is dismissed without prejudice, and that plaintiff may file an amended complaint within 30 days of the date of this order. IT IS SO ORDERED. Signed on 03/26/2012 by Judge Malcolm F. Marsh. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
Case No. 3:11-cv-l062-AC

ILYA A. DUMITRASH,

ORDER

Plaintiff,

v.
RECONTRUST COMPANY, N.A., BAC
HOME LOAN SERVICING, LLP AND
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Defendants.
MARSH, Judge
Magistrate

Judge

John

Recommendation on February 7,

V.

Acosta

2012,

issued

a

Findings

and

recommending that defendants

ReconTrust Company, N.A., BAC Home Loan Servicing LLP and Federal
National Mortgage Association's (defendants) Motion to Dismiss (#7)
and Motions for Judicial Notice (#9 & 16) be granted.
is now before me pursuant to 28 U.S.C.
P. 72(b).

§

The matter

636(b) (1) and Fed. R. Civ.

No objections have been timely filed.

When neither party objects to a Magistrate Judge's Findings
and Recommendation,
1 - ORDER

this court is relieved of its obligation to

review the record de novo.
1114,

1121

(9th Cir.

United States v. Reyna-Tapia, 328 F.3d

2003) (en banc);

Bernhardt, 840 F.2d 1441, 1444

see also United States v.

(9th Cir. 1988).

Having reviewed

the legal principles de novo, I find no error.
CONCLUSION
Accordingly,
Recommendation

Magistrate

(#24)

Acosta's

Judge

is ADOPTED

in

its

entirety.

Findings

and

Defendants'

Motions for Judicial Notice (#9 & 16) are GRANTED, and defendants'
Motion to Dismiss (#7) is GRANTED.

It is further ordered that this

action is dismissed without prejudice, and that plaintiff may file
an amended complaint within 30 days of the date of this order.
IT IS SO ORDERED.
DATED this ~ day of MARCH, 2012.

jh~.Em~

Malcolm F. Marsh •
United States District Judge

2 - ORDER