Cearley v. Wells Fargo Bank

Filing 36

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/16/16 recommending that this action be dismissed. F&R referred to Judge Morrison C. England, Jr.. 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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RONALD E. CEARLEY,

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Plaintiff,

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No. 2:15-cv-353-MCE-EFB PS

v.

FINDINGS AND RECOMMENDATIONS

WELLS FARGO BANK,

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Defendant.

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On February 4, 2016, the district judge adopted this court’s findings and recommendations

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and granted defendant’s motion to dismiss with leave to amend.1 ECF No. 34. That order gave

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plaintiff thirty days to file an amended complaint correcting the deficiencies identified in the

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January 8, 2016 findings and recommendations, and warned plaintiff that failure to file an

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amended complaint would result in this action being dismissed. Id.
The deadline has passed and plaintiff has not filed an amended complaint or otherwise

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responded to the order.

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This action, in which plaintiff is proceeding in propria persona, was referred to the
undersigned under Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1).
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Accordingly, it is hereby RECOMMENDED that this action be dismissed, and that the
Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); Local Rule 110.

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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, plaintiff may file written

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objections with the court. Such a document should be captioned “Objections to Magistrate

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Judge’s Findings and Recommendations.” Failure to file objections within the specified time

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may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455

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(9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: March 16, 2016.

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