Palma v. Select Portfolio Servicing, Inc. et al.

Filing 45

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/3/17 RECOMMENDING that the second cause of action for violation of California Civil Code § 2923.7 be DISMISSED with prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAY PALMA, 12 13 14 15 No. 2:16-cv-0633 KJM CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS SELECT PORTFOLIO SERVICING, INC., et al., Defendants. 16 17 18 By order of the District Judge filed April 14, 2017, plaintiff was granted fourteen days in 19 which to file an amended complaint remedying the deficiencies in the first amended complaint 20 with respect to the claim for violation of California Civil Code § 2923.7. That time period has 21 now expired and plaintiff has not filed an amended complaint or otherwise responded to the 22 court’s order. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that the second cause of action for violation of California Civil Code § 2923.7 be dismissed with prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 3 Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: May 3, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 4 palma0633.ftc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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