Seber et al v. Bank of America et al

Filing 64

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 60 Report and Recommendations to Order Filing Restrictions. Signed by Judge Robert J. Shelby on 9/1/2017. (jds)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
NORTHERN DIVISION

MABLE C. SEBER, MARTY J. SEBER,
Plaintiffs,

ORDER

v.
BANK OF AMERICA, N.A., f/k/a
COUNTRYWIDE HOME LOANS, INC., et
al.,
Defendants.

Case No. 1:16-cv-00111-RJS-BCW
Judge Robert J. Shelby
Magistrate Judge Brooke C. Wells

This case was referred to Magistrate Judge Brooke C. Wells pursuant to 28 U.S.C. §
636(b)(1)(B). Before the court is the Magistrate Judge’s Report and Recommendation, which
recommends the court place filing restrictions on Plaintiffs based on their litigation history.1
Plaintiffs did not file a timely objection to this Report and Recommendation.
Because Plaintiffs failed to object, the court reviews the Report and Recommendation
under a “clearly erroneous” standard of review.2 Under this standard, the court “will affirm the
Magistrate Judge’s ruling unless [the court] . . . is left with the definite and firm conviction that a
mistake has been committed.”3 After reviewing the record and relevant legal authorities, the
court concludes that the Magistrate Judge did not clearly err in her analysis.

1

Dkt. 60.

2

See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996); Gonzalez v. Franco,
No. CIV-14-1163, 2016 WL 807769, at *4 (D.N.M. Jan. 30, 2016) (unpublished) (applying “clearly erroneous,
arbitrary, obviously contrary to the law, or abuse of discretion” standard of review when no party objects to a
Magistrate Judge’s proposed findings and recommended disposition).
3

Thompson v. Astrue, No. 2:09-cv-228, 2010 WL 1944779, at *1 (D.Utah May 11, 2010) (unpublished)
(internal quotation marks and citations omitted).

The court, therefore, ADOPTS the Report and Recommendation in whole. As set forth in
the Report and Recommendation, the following filing restrictions are placed on the Sebers:
a) The Clerk of Court will collect any new civil complaint submitted by the Sebers in a case
in which they seek to proceed pro se and forward it to a Magistrate Judge for review.
b) The Magistrate Judge will review the complaint to determine whether it is meritless,
duplicative, or frivolous.
c) If the Magistrate Judge determines the complaint lacks merit, duplicates prior filings, or
is frivolous, the Magistrate Judge will forward the complaint to the Chief District Judge
for final review.
d) If on review the Chief District Judge determines the complaint has merit, it will be filed.
Otherwise, it will be returned to Plaintiffs without filing.
SO ORDERED this 1st day of September, 2017.
BY THE COURT:

________________________________________
ROBERT J. SHELBY
United States District Judge

2