Naumov v. Shellpoint Mortgage Servicing

District Court, D. Oregon

Naumov v. Shellpoint Mortgage Servicing

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

VICTOR NAUMOV, No. 3:23-cv-01120-JR

Plaintiff, ORDER

v.

SHELLPOINT MORTGAGE SERVICING, a division of New Rez; WILMINGTON SAVINGS FUND SOCIETY FSB TRUST; COUNTRYWIDE HOME LOANS, INC.; DTCC; MERS; H&H PREFERRED REAL ESTATE; and SAVE ON RECYCLING AND TOWING,

Defendants.

HERNÁNDEZ, District Judge: Magistrate Judge Russo issued a Findings and Recommendation on July 16, 2024, in which she recommends that this Court deny Plaintiff’s motion to file a Fourth Amended Complaint and dismiss this case with prejudice. F&R, ECF 43. The matter is now before the Court pursuant to

28 U.S.C. § 636

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Plaintiff filed timely objections to the Magistrate Judge’s Findings and Recommendation. Pl. Obj., ECF 45. When any party objects to any portion of the Magistrate Judge’s Findings and

Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report.

28 U.S.C. § 636

(b)(1); Dawson v. Marshall,

561 F.3d 930, 932

(9th Cir. 2009); United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003) (en banc). The Court has carefully considered Plaintiff’s objections and concludes that there is no basis to modify the Findings and Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings and Recommendation. CONCLUSION The Court adopts Magistrate Judge Russo’s Findings and Recommendation [43]. Therefore, Plaintiff’s Motion for Leave to File Amended Complaint [37] is DENIED and this

case is DISMISSED. IT IS SO ORDERED.

DATED: __A__u_g_u_s_t _2_4_,_ 2_0__2_4_______.

___________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

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