Khan v. U.S. Bank National Association et al

Filing 36

ORDER signed by Judge Kimberly J. Mueller on 8/17/2015 ADOPTING IN FULL 31 Findings and Recommendations; REFERRING this matter back to Magistrate Judge Carolyn K. Delaney for further proceedings in light of the plaintiff's 33 Third Amended Complaint. (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KHALID KHAN,

12

Plaintiff,

13
14
15

No. 2:13-cv-2596 KJM CKD PS

v.

ORDER

U.S. BANK NATIONAL ASSOCIATION,
et al.,
Defendants.

16
17
18

This matter was referred to a United States Magistrate Judge under Local Rule 302(c)(21).

19

On March 25, 2015, the magistrate judge filed findings and recommendations, which were

20

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

21

and recommendations were to be filed within fourteen days. Plaintiff has filed objections. Since

22

the filing of those findings and recommendations, plaintiff filed a third amended complaint on

23

April 13, 2015. On April 22, 2015, the magistrate judge ordered proceedings before her stayed

24

pending the district court’s resolution of the findings and recommendations. Defendants filed a

25

notice of compliance with the stay on April 30, 2015, stating that they would not respond to the

26

third amended complaint until the stay is lifted.

27

/////

28

/////
1

1

In accordance with the provisions of 28 U.S.C. 636(b)(1)(C) and Local Rule 304, this

2

court has conducted a de novo review of the case. Having reviewed the file, the court finds the

3

findings and recommendations to be supported by the record and by the proper analysis.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1. The findings and recommendations filed March 25, 2015 are adopted in full; and

6

2. The matter is referred back to the magistrate judge for further proceedings in light of

7
8

plaintiff’s third amended complaint.
DATED: August 17, 2015.

9
10
11

UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2