ORTIZ v. US BANK NATIONAL ASSOCIATION et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
FELIX ORTIZ, )
)
Plaintiff, )
)
v. )
)
US BANK NATIONAL ASSOCIATION, ) 1:25-cv-936
BEAR STEARNS ASSET BACKED )
SECUITIES 1 TRUST 2007-HE7, )
NEW YORK STATE UNIFIED COURT )
SYSTEM, EMILIO F. ONOLFI, )
SARA Z. BORISKIN, MATTHEW )
MALTESE, and BEN ZEV RAINDORF, )
)
Defendants. )
ORDER
This matter is before this court for review of the Text
Recommendation (“Recommendation”) filed on October 17, 2025, by
the United States Magistrate Judge in accordance with 28 U.S.C.
§ 636(b). (Doc. Ent. 10/17/2025.) In the Recommendation, the
Magistrate Judge recommends that, pursuant to 28 U.S.C. §
1915(e)(2)(B), the court dismiss this action without prejudice
to refiling in a proper venue if warranted. Plaintiff filed
timely objections, and supplemental objections to the Magistrate
Judge’s Recommendation. (See Docs. 7, 8.)
This court is required to “make a de novo determination of
those portions of the [Magistrate Judge’s] report or specified
proposed findings or recommendations to which objection is
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made.” 28 U.S.C. § 636(b)(1). This court “may accept, reject, or
modify, in whole or in part, the findings or recommendations
made by the [M]agistrate [J]udge. . . . [O]r recommit the matter
to the [M]agistrate [J]udge with instructions.” Id.
This court has appropriately reviewed the portions of the
Recommendation to which objections were made and has made a de
novo determination which is in accord with the Magistrate
Judge’s Recommendation. This court therefore adopts the
Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge’s Text
Recommendation, (Doc. Ent. 10/17/2025), is ADOPTED. IT IS
FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE
to Plaintiff filing in another district if warranted.
A Judgment dismissing this action without prejudice will
be entered contemporaneously with this Order.
This the 5th day of November, 2025.
__________________________________
United States District Judge
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