Singh v. Wells Fargo Bank N.A., d/b/a Wells Fargo Home Mortgage et al

Filing 36

ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 7/9/11 GRANTING in part 12 Motion to Dismiss; DENYING without prejudice 14 Motion for More Definite Statement and REMANDING CASE to San Joaquin County Superior Court. Copy of remand order sent to other court. CASE CLOSED. (Manzer, C)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BALBIR SINGH, 11 12 13 Plaintiff, No. CIV 2:11-cv-0401-GEB-JFM (PS) vs. 14 WELLS FARGO BANK N.A., d.b.a. WELLS FARGO HOME MORTGAGE, et al., 15 Defendants. 16 17 18 19 ORDER / Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21). On May 27, 2011, the magistrate judge filed findings and recommendations herein 20 which were served on plaintiff and which contained notice to plaintiff that any objections to the 21 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 27, 2011 are adopted in full; 3 2. Wells Fargo’s February 23, 2011 motion to dismiss is partially granted; 4 3. Wells Fargo’s February 23, 2011 motion for more definite statement is denied 5 without prejudice to its renewal in state court; and 6 4. This matter is remanded to the San Joaquin County Superior Court for further 7 proceedings. 8 Dated: July 9, 2011 9 10 11 GARLAND E. BURRELL, JR. United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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