(PS) Brown v. Wells Fargo Home Mortgage ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUZANNE BROWN, No. 2:19-cv-260-MCE-KJN PS 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 v. AND GRANTING DEFENDANTS’ MOTION TO DISMISS 14 WELLS FARGO BANK, N.A., et al., (ECF. Nos. 14, 21) 15 Defendants. 16 17 On December 20, 2019, the magistrate judge filed findings and recommendations (ECF 18 No. 21), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. On January 9, 2020, 20 plaintiff filed objections to the findings and recommendations (ECF No. 22), which have been 21 considered by the court. 22 This court reviews de novo those portions of the proposed findings of fact to which an 23 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d 25 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 26 has been made, the court assumes its correctness and decides the matter on the applicable law. 27 See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s 28 conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 1 | 452, 454 (th Cir. 1983). 2 The court has reviewed the applicable legal standards and, good cause appearing, 3 | concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 4 | ITIS HEREBY ORDERED that: 5 1. The findings and recommendations (ECF No. 21) are ADOPTED IN FULL; 6 2. Defendant’s motion to dismiss (ECF No. 14) is GRANTED; 7 3. Plaintiff’s Second Amended Complaint is DISMISSED WITH PREJUDICE; 8 4. Leave to Amend Plaintiff's HBOR Claim (see ECF No. 10 at pp. 6-7) is 9 WITHDRAWN; 10 5. Plaintiffs motion for a preliminary injunction (ECF No. 20) is DENIED AS 11 MOOT; and 12 6. The Clerk of the Court is directed to CLOSE this case. 13 | IT IS SO ORDERED. 14 | Dated: February 11, 2020 16 MORRISON C. ENGLAND, J UNITED STATES DISTRI 17 18 19 20 21 22 23 24 25 26 27 28