Myers v. Hunt & Heriques et al

Filing 38

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/25/12 recommending that this action be dismissed. F&R referred to Judge John A. Mendez. Objections to F&R due within fourteen days. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID MYERS,

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Plaintiff,
vs.
HUNT & HENRIQUES, et al.,
Defendants.

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No. CIV S-11-2347 JAM CKD PS

FINDINGS AND RECOMMENDATIONS
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By order filed April 20, 2012, the District Judge adopted findings and

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recommendations and dismissed without leave to amend plaintiff’s claims under the FDCPA, the

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TCPA and the Rosenthal Act. Leave to amend within thirty days was granted as to plaintiff’s

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claim under the Fair Credit Reporting Act. That time has now passed and plaintiff has not filed

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an amended complaint.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed.

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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 Title 28 U.S.C. § 636(b)(l). Within

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fourteen days after being served with these findings and recommendations, any party may file

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written objections with the court and serve a copy on all parties. Such a document should be

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captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the
objections shall be served and filed within seven days after service of the objections. The parties

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are advised that failure to file objections within the specified time may waive the right to appeal

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the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: May 25, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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myers-hunt.fta

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