Khan v. U.S. Bank National Association et al
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/18/15 ORDERING that this action is stayed pending resolution by the District Judge of these findings and recommendations. RECOMMENDING that the third amended complaint be dismissed and this action be closed. F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KHALID N. KHAN,
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Plaintiff,
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No. 2:13-cv-2596 KJM CKD PS
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
U.S. BANK NATIONAL ASSOCIATION,
et al.,
Defendants.
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This matter has been referred to the undersigned for further proceedings in light of
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plaintiff’s third amended complaint. Upon review of the docket, THE COURT FINDS AS
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FOLLOWS:
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The District Court adopted the recommendation that the action be dismissed for plaintiff’s
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lack of standing. The third amended complaint alleges no claims that are not barred by plaintiff’s
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lack of standing. Accordingly, for the reasons set forth in the prior findings and
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recommendations filed March 25, 2015 (ECF No. 31), the court will recommend that the third
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amended complaint be dismissed for plaintiff’s lack of standing.
Accordingly, IT IS HEREBY ORDERED THAT this action is stayed pending resolution
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by the District Judge of these findings and recommendations; and
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/////
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IT IS HEREBY RECOMMENDED that:
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1. The third amended complaint be dismissed; and
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2. This action be closed.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: August 18, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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