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Kozhayev v. America's Wholesale Lender

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 31, 2010

PAVEL KOZHAYEV AND LYUDMILA KOZHAYEV, AS INDIVIDUALS, PLAINTIFFS,
v.
AMERICA'S WHOLESALE LENDER; COUNTRYWIDE HOME LOANS, INC.; AND RECONTRUST COMPANY, NA, DEFENDANTS.

ORDER

Plaintiffs are proceeding pro se with the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21).

On August 2, 2010, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to the parties that any objections to the findings and recommendations were to be filed within twenty-one days. The twenty-one-day period has expired, and no party has filed an objection to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed August 2, 2010 (Doc. No. 10) are adopted in full;

2. Defendants' motion to dismiss (Doc. No. 5) filed October 20, 2009, is granted pursuant to Federal Rule of Civil Procedure 12(b)(6);

3. Defendants' motion to strike plaintiffs' request for punitive damages is granted; and

4. This action is dismissed in its entirety with prejudice.

20100831

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