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Dennly R. Becker, et al v. Wells Fargo Bank

January 10, 2013

DENNLY R. BECKER, ET AL., PLAINTIFFS,
v.
WELLS FARGO BANK, NA, INC. ET AL., DEFENDANTS.



ORDER

On October 23, 2012, 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 that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School 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 October 23, 2012 (Dkt. No. 130), are ADOPTED;

2. Plaintiff's "Motion for Preliminary Injunction" (Dkt. Nos. 126, 129) is denied;

3. To the extent plaintiff intends his "Motion for Preliminary Injunction" to serve as a motion to amend his pleadings, the motion is procedurally improper and denied without prejudice; and

4. To the extent plaintiff requests the court "accept plaintiff's request for RJN" at Docket Number 43, the request is denied for ...


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