-EFB (PS) Moore, et al v. Bank of America, et al, No. 2:2010cv02445 - Document 20 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 2/7/11 ORDERING 16 Findings and Recommendations are adopted; Plaintiff Moore's claims against defendant Turner are dismissed without prejudice; and plaintiff Moore is permitted to withdraw as a plaintiff in this action. (Matson, R)

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-EFB (PS) Moore, et al v. Bank of America, et al Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERESA J. MOORE, GERTRUDE V. VIZMANOS, 11 Plaintiffs, No. CIV S-10-2445 FCD EFB PS 12 vs. 13 BANK OF AMERICA, et al., 14 15 Defendants. __________________________________/ ORDER On December 22, 2010, the magistrate judge filed findings and recommendations 16 17 herein which were served on the parties and which contained notice that any objections to the 18 findings and recommendations were to be filed within fourteen days. No objections were filed. 19 Accordingly, the court presumes any findings of fact are correct. See Orland v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). The court has reviewed the applicable legal standards and, good cause appearing, 23 24 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 25 //// 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The proposed Findings and Recommendations filed December 22, 2010, are 3 4 5 6 7 ADOPTED; 2. Plaintiff Moore’s claims against defendant Turner are dismissed without prejudice pursuant to Rule 41(a)(2); and 3. Plaintiff Moore is permitted to withdraw as a plaintiff in this action. DATED: February 7, 2011. 8 9 10 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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