Narayan v Citibank, N.A.

Filing 13

ORDER signed by Judge Lawrence K. Karlton on 10/11/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/4/13 12 are ADOPTED in full; Defendant's AMENDED MOTION to DISMISS 6 is GRANTED; Plaintiff's TCPA claim is DISMISSED with prejudice; Plaintiff's Complaint is DISMISSED; and Plaintiff is GRANTED leave to file an amended complaint within thirty days from the date of this order. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PARKASH NARAYN, 12 13 14 No. 2:13-cv-1238 LKK AC PS Plaintiff, v. ORDER CITIBANK, N.A., 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 4, 2013, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed September 4, 2013, are adopted in full; 28 2. Defendant’s amended motion to dismiss (ECF No. 6) is granted; 1 1 3. Plaintiff’s TCPA claim is dismissed with prejudice; 2 4. Plaintiff’s complaint is dismissed; and 3 5. Plaintiff is granted leave to file an amended complaint within thirty days from the date 4 of this order. 5 DATED: October 11, 2013. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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