Acosta et al v. BAC Home Loan Servicing, L.P.

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/2/11 recommending that this action be dismissed with prejudice re 1 Complaint filed by Evelyn A Acosta. Objections to F&R due w/in 14 days. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CRISANTO U. ACOSTA,

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Plaintiff,

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No. CIV S-10-2871 FCD GGH PS

vs.

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BAC HOME LOANS SERVICING, LP,

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Defendant.

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FINDINGS & RECOMMENDATIONS
/

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By order filed January 18, 2011, 2011, plaintiff’s complaint was dismissed and

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twenty-eight days leave to file an amended complaint was granted. In that order, the court

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informed plaintiff of the deficiencies in his complaint. On March 7, 2011, plaintiff was granted a

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twenty-one day extension of time to file his complaint. The twenty-one day period has now

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expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s

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order.

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Plaintiff has apparently decided to rest on the dismissed complaint. For the

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reasons given in the January 18, 2011, order, IT IS HEREBY RECOMMENDED that this action

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be dismissed with prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: May 2, 2011
/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE
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acosta2871.fta

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