Riley v. JP Morgan Chase Bank N.A.

Full title: FRANCES RILEY, Plaintiff, v. JP MORGAN CHASE BANK N.A., and, MORTGAGE…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jan 15, 2013

Civil Action No. 12-cv-0821-WJM-BNB (D. Colo. Jan. 15, 2013)

Opinion

Civil Action No. 12-cv-0821-WJM-BNB

01-15-2013

FRANCES RILEY, Plaintiff, v. JP MORGAN CHASE BANK N.A., and, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants.

William J. Martínez

Judge William J. Martínez

ORDER ADOPTING DECEMBER 7, 2012 RECOMMENDATION OF THE

MAGISTRATE JUDGE AND GRANTING DEFENDANT MORTGAGE ELECTRONIC

REGISTRATION SYSTEMS, INC.'S MOTION TO DISMISS

This matter is before the Court on the December 7, 2012 Recommendation of United States Magistrate Judge Boyd N. Boland (the "Recommendation") (ECF No. 23) that Defendant Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss (ECF No. 9) be granted. The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).

Pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b) any party may serve and file written objections to the Magistrate Judge's proposed findings and recommendations with the Clerk of the United States District Court for the District of Colorado within fourteen days after service of a copy of the Recommendation. No objections to the Magistrate Judge's Recommendation have to date been filed by either party.

The Court concludes that the Magistrate Judge's analysis was thorough and sound, and that there is no clear error on the face of the record. See Fed. R. Civ. P. 72(b) advisory committee's note ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."); see also Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) ("In the absence of timely objection, the district court may review a magistrate's report under any standard it deems appropriate.").

In accordance with the foregoing, the Court ORDERS as follows: 1. The Magistrate Judge's Recommendation (ECF No. 23) is ADOPTED in its entirety; 2. Defendant Mortgage Electronic Registration Systems, Inc.'s Motion to Dismiss (ECF No. 9) is GRANTED; 3. Plaintiff's claims against Defendant Mortgage Electronic Registration Systems, Inc. are hereby DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted; and 4. Defendant's request for an award of costs and attorney fees contained within the Motion to Dismiss is DENIED WITHOUT PREJUDICE as premature.

BY THE COURT:

______________________

William J. Martínez

United States District Judge