(PS) Neyer v. GMAC Homecomings Financial Bank, et al., No. 2:2009cv01671 - Document 33 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING 28 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 2/22/2010. Defendants' 10 Motion to Dismiss is GRANTED as to any claims based on violation of federal criminal statutes are DISMISSED with prejudice. Plaintiff's 1 Complaint is DISMISSED with leave to amend w/in 30 days of this Order.
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(PS) Neyer v. GMAC Homecomings Financial Bank, et al. Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LELAND ANTHONY NEYER et al., 12 Plaintiff, vs. 13 14 No. CIV S-09-1671-GEB-CMK ORDER GMAC HOMECOMINGS FINANCIAL BANK, et al., 15 Defendants. 16 / 17 Plaintiffs bring this civil action alleging banking fraud in the context of their 18 19 home mortgage. The matter was referred to a United States Magistrate Judge pursuant to Eastern 20 District of California local rules. On November 19, 2009, the Magistrate Judge filed findings and recommendations 21 22 herein which were served on the parties and which contained notice that the parties may file 23 objections within a specified time. Timely objections to the findings and recommendations have 24 been filed. 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 2 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the 3 entire file, the court finds the findings and recommendations to be supported by the record and by 4 proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed November 19, 2009, are adopted 8 2. Defendants’ motion to dismiss (Doc. 10) is granted; 9 3. Any claims based on violation of federal criminal statutes are dismissed 7 10 11 in full; with prejudice; and 4. Plaintiffs’ complaint is dismissed with leave to amend within 30 days of 12 the date of this order. 13 Dated: February 22, 2010 14 15 16 GARLAND E. BURRELL, JR. United States District Judge 17 18 19 20 21 22 23 24 25 26 2
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