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Saint Charles Thurman; Gwen Thurman v. Barclays Capital Real Estate Corporation Dba Homeq Servicing

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


May 2, 2011

SAINT CHARLES THURMAN; GWEN THURMAN, PLAINTIFFS,
v.
BARCLAYS CAPITAL REAL ESTATE CORPORATION DBA HOMEQ SERVICING; WELLS FARGO BANK, N.A.; QUALITY LOAN SERVICE CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Judge

ORDER

On March 7, 2011, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. No objections were filed.*fn1

Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

Accordingly, IT IS ORDERED that:

1. The proposed Findings and Recommendations filed March 7, 2011, are ADOPTED;

2. Defendants' motion to dismiss plaintiff's first amended complaint, Dckt. No. 17, is granted in part;

3. Plaintiffs' motion for leave to file a second amended complaint, Dckt. No. 23, is denied;

4. Plaintiffs' state law claims are remanded to the Superior Court of the State of California in and for the County of Solano; and

5. The Clerk is directed to close this case.


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