Jackson v. Clear Recon Corp. et al

Filing 32

ORDER signed by Magistrate Judge Allison Claire on 3/25/16 ORDERING that BofA's 31 motion to dismiss is STRICKEN. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHEN JACKSON,

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Plaintiff,

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No. 2:15-cv-00968-TLN-AC

v.

ORDER

CLEAR RECON CORP., et al.,

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Defendants.

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On February 11, 2016, the court issued findings recommending that defendants’ motions

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to dismiss (ECF Nos. 14, 19) be granted, and that plaintiff be granted leave to amend. ECF No.

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30. Those findings and recommendations instructed plaintiff to file an amended complaint

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within thirty days of “the date of service of the presiding district judge’s order.” Id. at 10

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(emphasis added). On March 22, 2016, defendant Bank of America, N.A. (“BofA”) filed a

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motion to dismiss for lack of prosecution. ECF No. 31. BofA argues that this action should be

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dismissed because plaintiff has failed to comply with the court’s order instructing him to file an

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amended complaint within thirty days. Id. The court’s findings and recommendations, however,

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do not include such an order. Instead, they order plaintiff to file an amended complaint within

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thirty days of the presiding district judge’s order. No such order has been issued to date.

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Accordingly, the court will strike BofA’s motion because it is premature.

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In accordance with the foregoing, THE COURT HEREBY ORDERS that BofA’s motion

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to dismiss, ECF No. 31, is STRICKEN.

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DATED: March 25, 2016

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