McIntyre v. Alternative Loan Trust 2006-OC10 et al

Filing 31

ORDER signed by District Judge Troy L. Nunley on 7/30/14 ORDERING that the proposed Findings and Recommendations filed 7/3/14, are ADOPTED; Defendant's motion to dismiss, 14 is granted; Plaintiff's amended complaint, construed as a motio n to amend, 23 is denied; and Plaintiff is granted thirty days from the date of this order to file an amended complaint as provided in the magistrate judge's 7/3/14 findings and recommendations. The amended complaint must bear the docket number assigned to this case and must be labeled as an "Amended Complaint." Failure to timely file an amended complaint may result in dismissal of this action. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP McINTYRE,

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Plaintiff,

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No. 2:13-cv-1597-TLN-EFB PS

v.

ORDER

ALTERNATIVE LOAN TRUST 2006OC10, THE BANK OF NEW YORK
MELLON fka THE BANK OF NEW
YORK as TRUSTEE for the
ALTERNATIVE LOAN TRUST 2006OC10, and DOES 1-10,
Defendants.

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On July 3, 2014, the magistrate judge issued findings and recommendations herein which

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were served on the parties and which contained notice that any objections to the findings and

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recommendations were to be filed within fourteen days. No objections were filed.
The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed July 3, 2014, are ADOPTED;

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2. Defendant’s motion to dismiss, ECF No. 14, is granted;

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/////

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3. Plaintiff’s amended complaint, construed as a motion to amend, ECF No. 23, is
denied; and

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4. Plaintiff is granted thirty days from the date of this order to file an amended complaint

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as provided in the magistrate judge’s July 3, 2014 findings and recommendations. The amended

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complaint must bear the docket number assigned to this case and must be labeled as an

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“Amended Complaint.” Failure to timely file an amended complaint may result in dismissal of

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this action.

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Dated: July 30, 2014

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Troy L. Nunley
United States District Judge

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