Cap One, Inc. v. MV Sierra Rose

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CAP ONE, INC., No. 2:19-cv-01911-TLN-CKD Plaintiff, v. ORDER MV SIERRA ROSE, et al., Defendants. 16 Plaintiff Cap One, Inc. (“Plaintiff”) has filed the instant action seeking foreclosure and sale of MV Sierra Rose (the “Vessel”) to satisfy a preferred mortgage in default. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 20, 2021, the magistrate judge filed findings and recommendations which contained notice that any objections to the findings and recommendations were to be filed within fourteen (14) days. (ECF No. 35.) No timely objections were filed. 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…