Lane v. Wells Fargo Bank, N.A. et al

Filing 18

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 09/20/18 DENYING 17 Motion to Dismiss without prejudice as having been rendered moot; the 10/26/18 hearing is VACATED; RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Benson, A.)

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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 KEVIN LANE, 12 Plaintiff, 13 14 15 No. 2:18-cv-0310 KJM DB PS v. ORDER AND FINDINGS AND RECOMMENDATIONS WELLS FARGO BANK, N.A.; FEDERAL HOME LOAN MORTGAGE CORPORATION, 16 Defendants. 17 Plaintiff Kevin Lane is proceeding in this action pro se. This matter was referred to the 18 19 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order filed 20 July 13, 2018, plaintiff’s complaint was dismissed and plaintiff was granted twenty-eight days to 21 file an amended complaint. (ECF No. 16.) The twenty-eight day period has expired, and plaintiff 22 has not responded to the court’s order in any manner. Due to plaintiff’s failure to file an amended complaint, defendants filed a motion to 23 24 dismiss. (ECF No. 17.) Defendants’ motion to dismiss is noticed for hearing before the 25 undersigned on October 26, 2018. (ECF No. 17.) In light of these findings and 26 recommendations, defendants’ motion to dismiss will be denied without prejudice to renewal as 27 having been rendered moot. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Defendants’ September 19, 2018 motion to dismiss (ECF No. 17) is denied without 3 prejudice as having been rendered moot1; and 4 2. The October 26, 2018 hearing of defendants’ motion to dismiss is vacated. 5 Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 6 See Local Rule 110; Fed. R. Civ. P. 41(b). 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, any party may file written 10 objections with the court and serve a copy on all parties. Such a document should be captioned 11 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 12 shall be served and filed within seven days after service of the objections. The parties are advised 13 that failure to file objections within the specified time may waive the right to appeal the District 14 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 Dated: September 20, 2018 16 17 18 19 20 21 22 23 DLB:6 DB/orders/orders.pro se/lane0310.fta.f&rs 24 25 26 27 28 1 If these findings and recommendations are not adopted in full by the assigned District Judge, defendants may re-notice the motion to dismiss for hearing before the undersigned. 2

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