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.)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?