Opinion
Case No. 3:11-cv-1062-AC
03-27-2012
ILYA A. DUMITRASH, Plaintiff, v. RECONTRUST COMPANY, N.A., BAC HOME LOAN SERVICING, LLP AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendants.
ORDER
MARSH, Judge
Magistrate Judge John V. Acosta issued a Findings and Recommendation on February 7, 2012, 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. The matter is now before me pursuant to 28 U.S.C. § 636(b) (1) and Fed. R. Civ. P. 72(b). No objections have been timely filed.
When neither party objects to a Magistrate Judge's Findings and Recommendation, this court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, I find no error.
CONCLUSION
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.
______________________
Malcolm F. Marsh
United States District Judge