Coleman, et al v. GMAC Mortgage, et al

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/16/12 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due 14 days after being served with these findings and recommendations. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DWIGHT DAVID COLEMAN, et al.,

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Plaintiffs,

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No. CIV S-11-2226 JAM GGH PS

vs.
GMAC MORTGAGE, et al.,
Defendants.

FINDINGS & RECOMMENDATIONS
/

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By order filed January 20, 2012, plaintiffs were ordered to show cause, within

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fourteen days, why their action should not be dismissed because either removal was improper

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and there was no subject matter jurisdiction, or for failure to failure to comply with Fed. R. Civ.

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P. 4(m). The fourteen day period has now expired, and plaintiffs have not shown cause or

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otherwise responded to the court’s order.

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IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the United States District

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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: February 16, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:076/Coleman2226.fsc.wpd

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