Dennis et al v. JP Morgan Chase Bank

Filing 71

ORDER: The Court ADOPTS in part Magistrate Judge You's Findings and Recommendation 61 . Defendant's Request for Judicial Notice 33 and Motion to Dismiss 31 are GRANTED. This case is dismissed with prejudice. IT IS SO ORDERED. Signed on 3/14/2019 by Judge Marco A. Hernandez. (Mailed to Pro Se parties on 3/14/2019.) (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

DWAYNE J. DENNIS and HAZEL R.D.
DENNIS,

No. 3:18-cv-00555-YY

Plaintiffs,
v.
JP MORGAN CHASE BANK,

ORDER

Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge You issued a Findings and Recommendation [61] on November 13,
2018, in which she recommends the Court grant Defendant’s Request for Judicial Notice [33]
and Motion to Dismiss [31]. The matter is now before the Court pursuant to 28 U.S.C. §
636(b)(1) and Federal Rule of Civil Procedure 72(b).
Plaintiffs filed timely objections to the Findings and Recommendation. When any party
objects to any portion of the Magistrate Judge’s Findings and Recommendation, the district court
1 - ORDER

must make a de novo determination of that portion of the Magistrate Judge’s report. 28 U.S.C. §
636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. ReynaTapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
The Court has carefully considered Plaintiffs’ objections. The Court adopts Judge You’s
findings that (1) this Court lacks subject matter jurisdiction over Plaintiffs’ unexhausted claims
that arise out of the acts or omissions of failed bank Washington Mutual and (2) the case should
be dismissed with prejudice for failing to state a claim under Federal Rule of Civil Procedure
12(b)(6). However, the Court declines to reach the question of whether Plaintiffs’ claims are
barred by the Rooker-Feldman doctrine.
The Court has reviewed the pertinent portions of the record de novo and finds no error in
the Magistrate Judge’s Findings and Recommendation.
CONCLUSION
The Court ADOPTS in part Magistrate Judge You’s Findings and Recommendation [61].
Defendant’s Request for Judicial Notice [33] and Motion to Dismiss [31] are GRANTED. This
case is dismissed with prejudice.

IT IS SO ORDERED.
DATED this

day of ____________________, 2019.

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER