Opinion
No. 1:10-cv-03037-CL
02-03-2012
MICHELE MARIE MAIXNER, Plaintiff, v. BAC HOME LOANS SERVICING, et al., Defendants.
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). When either party objects to any portion of a Magistrate Judge's Report and Recommendation, the district court makes a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 63 6(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F. 2d 1309, 1313 (9th Cir. 1931).
Here, plaintiff filed a document entitled, Conditional Acceptance of U.S. Magistrate Judge Mark D. Clarke's Commercial Offer, i.e., "Report Recommendation." I construe this document as plaintiff's objections to the Report and Recommendation, so I have reviewed this matter de novo.
I agree with Magistrate Judge Clarke that plaintiff's amended complaint fails to state a claim for relief, and there is no indication that an amendment could cure the complaint's deficiencies. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#66) is adopted. Defendants' motions to dismiss (##51, 53, and 60) are granted with prejudice.
IT IS SO ORDERED.
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OWEN M. PANNER
U.S. DISTRICT JUDGE