Ellis v. PennyMac Loan Services LLC

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Darrell Beauford Ellis,
Plaintiff,
v.
PennyMac Loan Services LLC,
Defendant.
No. CV-25-00493-TUC-JCH (JR)
ORDER
Before 	the 	Court 	is 	Magistrate 	Judge 	Jacqueline 	M 	Rateau’s 	Report 	and
Recommendation (“R&R”) (Doc. 39) on Defendant PennyMac Loan Services LLC’s
(“Defendant” or “PennyMac”) Motion to Dismiss Plaintiff Darrell Beuford Ellis’s First
Amended Complaint (“FAC”) (Doc. 32). Magistrate Judge Rateau recommends granting
Defendant’s Motion and dismissing Plaintiff’s FAC with leave to amend. (Doc. 39.)
Neither party objects to the R&R. (See generally Docket.)
A district court reviews objected-to portions of an R&R de novo. 28 U.S.C.
§ 636(b)(1); see also Fed. R. Civ. P. 72(b); United States v. Remsing, 874 F.2d 614, 617
(9th Cir. 1989). Failure to timely object may be considered a waiver of a party’s right to de
novo consideration of the issues. See United States v. Reyna-Tapia, 328 F.3d 1114,
1121–22 (9th Cir. 2003) (en banc). The Court reviews for clear error any unobjected-to
portions of the R&R. See Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
After independent review, the Court is satisfied that Magistrate Judge Rateau’s
recommendation is sound. The Court will adopt the R&R in full.
Case 4:25-cv-00493-JCH-JR Document 40 Filed 06/26/26 Page 1 of 2

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Accordingly,
IT IS ORDERED adopting in full the R&R (Doc. 39).
IT IS FURTHER ORDERED granting Defendant’s Motion to Dismiss (Doc. 32).
IT 	IS 	FURTHER 	ORDERED 	dismissing 	the 	First 	Amended 	Complaint
(Doc. 31). Count I is dismissed without prejudice and Counts II-III are dismissed with
prejudice. Plaintiff has 21 days from the date this Order is filed to file an amended
complaint.
IT IS FURTHER ORDERED that if Plaintiff fails to file an amended petition
within 21 days, the Clerk of Court must enter a judgment of dismissal of this action, without
prejudice and without further notice to Plaintiff and deny any pending unrelated motions
as moot.
Dated this 26th day of June, 2026.
Case 4:25-cv-00493-JCH-JR Document 40 Filed 06/26/26 Page 2 of 2