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Barber v. Countrywide Home Loans, Inc.

United States District Court, W.D. North Carolina, Bryson City Division
Jan 25, 2010
2:09-CV-40-GCM (W.D.N.C. Jan. 25, 2010)

Summary

defining "unlawful money" claims and holding that such claims are not cognizable.

Summary of this case from Page v. Select Portfolio Servicing, Inc.

Opinion

2:09-CV-40-GCM.

January 25, 2010


ORDER


This matter is before the Court upon the memorandum and recommendation of United States Magistrate Dennis L. Howell, filed October 7, 2009. The parties were advised that pursuant to 28 U.S.C. § 636(b)(1)(C), written objections to the memorandum and recommendation must be filed within 10 days after service of the memorandum. The Plaintiffs timely filed an objection.

After an independent and thorough review of the magistrate's memorandum, Plaintiffs' objections thereto, and a de novo review of the record, the Court concludes that the recommendation to grant Defendants' Motion to Dismiss is correct and in accordance with law. Accordingly, the findings and conclusions of the magistrate are accepted, and the Defendants' Motion to Dismiss is GRANTED as to all parties.

The Court notes that Sheila Zuckerman was never properly served with process in this case, and therefore Ms. Zuckerman is not listed as a party on the docket although her name appears in the caption.

IT IS THEREFORE ORDERED that the memorandum and recommendation of the magistrate is hereby AFFIRMED.


Summaries of

Barber v. Countrywide Home Loans, Inc.

United States District Court, W.D. North Carolina, Bryson City Division
Jan 25, 2010
2:09-CV-40-GCM (W.D.N.C. Jan. 25, 2010)

defining "unlawful money" claims and holding that such claims are not cognizable.

Summary of this case from Page v. Select Portfolio Servicing, Inc.
Case details for

Barber v. Countrywide Home Loans, Inc.

Case Details

Full title:WILLIAM G. BARBER; and MELINDA BARBER, Plaintiffs, v. COUNTRYWIDE HOME…

Court:United States District Court, W.D. North Carolina, Bryson City Division

Date published: Jan 25, 2010

Citations

2:09-CV-40-GCM (W.D.N.C. Jan. 25, 2010)

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