Opinion
Civil Action No. 15-cv-01077-PAB-NYW
02-24-2016
PENELOPE ZELLER, an individual, Plaintiff, v. VENTURES TRUST 2013-I-NH, MCM CAPITAL PARTNERS, LLC, its trustee, an Equity Purchaser from HUD, EAGLE VISTA EQUITIES, purchaser at Public Trustee Sale, and DEBRA JOHNSON, Public Trustee for Denver County, Defendants.
ORDER
This matter is before the Court on the Recommendation of United States Magistrate Judge Nina Y. Wang filed on February 1, 2016 [Docket No. 56]. The Recommendation states that objections to the Recommendation must be filed within fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The Recommendation was served on February 1, 2016. No party has objected to the Recommendation.
In the absence of an objection, the district court may review a magistrate judge's recommendation under any standard it deems appropriate. See Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) ("[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings"). In this matter, the Court has reviewed the Recommendation to satisfy itself that there is "no clear error on the face of the record." Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has concluded that the Recommendation is a correct application of the facts and the law. For the foregoing reasons, it is
This standard of review is something less than a "clearly erroneous or contrary to law" standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo review. Fed. R. Civ. P. 72(b). --------
ORDERED that the Recommendation of United States Magistrate Judge [Docket No. 56] is ACCEPTED. It is further
ORDERED that defendant Ventures Trust's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and 8(a) [Docket No. 15] is DENIED as moot. It is further
ORDERED that defendant Ventures Trust's Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and 8(a) [Docket No. 27] is DENIED as to Penelope Zeller's claims for relief under RESPA (claim 4) and the FDCPA (claim 5) against Ventures Trust and GRANTED as to Penelope Zeller's remaining claims for "declaratory relief: to determine status of Defendants' claims [28 U.S.C. §§ 2201, 22021]" (claim 1); wrongful foreclosure (claim 2); quasi contract and unjust enrichment (claim 3); request for relief under 42 U.S.C. § 1983 (claim 6); and violation of the Fourteenth and Fifth Amendments (claim 7). It is further
ORDERED that defendant Eagle Vista Equities, LLC's Motion to Dismiss [Docket No. 50] is DENIED as moot. It is further
ORDERED that defendant Eagle Vista Equities, LLC's second Motion to Dismiss [Docket No. 53] is DENIED as moot. It is further
ORDERED that defendants Deborah Johnson, Public Trustee for Denver County, and Eagle Vista Equities are DISMISSED.
DATED February 24, 2016.
BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge