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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAY PALMA,

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No. 2:16-cv-0633 KJM CKD PS
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

SELECT PORTFOLIO SERVICING,
INC., et al.,
Defendants.

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By order of the District Judge filed April 14, 2017, plaintiff was granted fourteen days in

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which to file an amended complaint remedying the deficiencies in the first amended complaint

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with respect to the claim for violation of California Civil Code § 2923.7. That time period has

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now expired and plaintiff has not filed an amended complaint or otherwise responded to the

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court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that the second cause of action for
violation of California Civil Code § 2923.7 be dismissed with prejudice.

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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: May 3, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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