Mehl v. Wells Fargo Home Mortgage, LLC et al

Filing 32

ORDER signed by District Judge John A. Mendez on 6/5/2018 ADOPTING 29 Findings and Recommendations in full; DENYING 15 Motion to Remand; and GRANTING 3 Motion to Dismiss as follows: Plaintiffs claims 1, 2, 5, 8, 9, 10, 11, 12, 13 are DISMISSED with prejudice and Claims 3, 4, 6 and 7 are DISMISSED with leave to amend. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN MEHL,

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No. 2:17-cv-1099 JAM AC PS
Plaintiff,

v.

ORDER

WELLS FARGO HOME MORTGAGE
LLC, et al.,
Defendants.

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Plaintiff is proceeding in this action in pro se. The matter was referred to a United States
Magistrate Judge pursuant to Local Rule 302(c)(21).
On March 19, 2018, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within twenty one days. ECF No. 29. On

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April 9, 2018 plaintiff filed objections to the findings and recommendations. ECF No. 30.

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Defendants filed a response to the objections on April 12, 2018. ECF No. 31.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 3, 2018, are adopted in full;

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2. Plaintiff’s Motion to Remand (ECF No. 15) is DENIED;

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3. Defendants’ Motion to Dismiss (ECF. No. 3) is granted as follows:

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a. Plaintiff’s claims 1, 2, 5, 8, 9, 10, 11, 12, 13 are dismissed with prejudice;

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and

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b. Claims 3, 4, 6 and 7 are dismissed with leave to amend.

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DATED: June 5, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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