Wooten v. Countrywide Home Loans, et al

Filing 56

ORDER signed by Magistrate Judge Dale A. Drozd on 6/5/2012 ORDERING that the noticed hearing on defendant CitiMortgage, Inc.'s 44 motion to dismiss is VACATED and that motion is dropped from the court's 6/29/2012 law and motion calendar. The motion may be re-noticed if the assigned District Judge does not adopt the undersigned's 5/9/2012, findings and recommendations. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT WOOTEN,

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Plaintiff,

No. CIV S-11-1791 MCE DAD PS

v.
COUNTRYWIDE HOME LOANS, INC.,
et al.,

ORDER

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Defendants.
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/
Plaintiff, Robert Wooten, is proceeding in this action pro se. The case was
referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
On May 9, 2012, the undersigned issued findings and recommendations

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recommending that the motions to dismiss filed on behalf of defendants Ocwen Loan Servicing,

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LLC, Western Progressive, LLC and Countrywide Home Loans be granted in part, that plaintiff’s

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civil RICO claim be dismissed with prejudice, that the court decline to exercise supplemental

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jurisdiction over plaintiff’s state law claims and that this action be closed. (Doc. No. 41.) The

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time for filing objections to those findings and recommendations has expired, and the findings

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and recommendations have been submitted to the assigned District Judge for review.

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On May 31, 2012, defendant CitiMortgage, Inc., noticed a motion to dismiss
plaintiff’s complaint for hearing before the undersigned on June 29, 2012. However, as noted
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above, on May 9, 2012, the undersigned issued findings and recommendations recommending

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that plaintiff’s amended complaint be dismissed and this action be closed.

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Accordingly, IT IS HEREBY ORDERED that the noticed hearing on defendant

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CitiMortgage, Inc.’s motion to dismiss (Doc. No. 44) is vacated and that motion is dropped from

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the court’s June 29, 2012 law and motion calendar. The motion may be re-noticed if the assigned

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District Judge does not adopt the undersigned’s May 9, 2012, findings and recommendations.

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DATED: June 5, 2012.

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DAD:6
Ddad1\orders.pro se\wooten1791.vac.hrg

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