(PS) Bouyer et al v. GMAC Mortgage, No. 2:2008cv03022 - Document 42 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 11/9/2009 ADOPTING 33 FINDINGS AND RECOMMENDATIONS; The claims of usury, abuse of process, intentional infliction of emotional distress, and trespass are dismissed with prejudice. (Matson, R)
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(PS) Bouyer et al v. GMAC Mortgage Doc. 42 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MITCHELL E. BOUYER, SR., et al., 12 Plaintiffs, 13 14 vs. GMAC MORTGAGE, 15 16 2:08-cv-3022-GEB-GGH-PS Defendant. ORDER __________________________________/ 17 On September 3, 2009, the magistrate judge filed findings and recommendations 18 herein which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within ten days. No objections were filed. 20 Accordingly, the court presumes any findings of fact are correct. See Orland v. 21 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 The court has reviewed the applicable legal standards and, good cause appearing, 25 concludes that it is appropriate to adopt the Findings and Recommendations in full. 26 /// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The Findings and Recommendations filed September 3, 2009, are ADOPTED; 3 4 and 2. The claims of usury, abuse of process, intentional infliction of emotional 5 distress, and trespass are dismissed with prejudice. 6 Dated: November 9, 2009 7 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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