Davis v. Champion Mortgage, LLC

Filing 24

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/25/19 RECOMMENDING that this action be DISMISSED without prejudice for failure to state a claim as set forth in the February 21, 2019 findings and recommendations 22 . F&R referred to District Judge Troy L. Nunley. Objections to F&R due within fourteen days. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD P. DAVIS, executor for the
estate of Edward V. Davis,
Plaintiff,

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FINDINGS AND RECOMMENDATIONS
v.

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No. 2:18-cv-1083-TLN-EFB PS

NATIONSTAR MORTGAGE, LLC, dba
CHAMPION MORTGAGE COMPANY,

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Defendant.

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The court previously recommended that defendants’ motion to dismiss be granted and

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plaintiff’s first amended complaint be dismissed with leave to amend.1 ECF Nos. 22. On March

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29, 2019, the assigned district judge adopted the findings and recommendations in full, dismissed

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plaintiff’s complaint for failure to state a claim, and granted plaintiff thirty days in which to file

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an amended complaint. ECF No. 23. The district judge’s order warned plaintiff that failure to

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file an amended complaint would result in dismissal of this action. The time for acting has passed

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and plaintiff has not filed an amended complaint or otherwise responded to the court’s order.2

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This action, in which plaintiff is proceeding in propria persona, was referred to the
undersigned under Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1).
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Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff
was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current
address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of
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Accordingly, it is RECOMMENDED that this action be DISMISSED without prejudice

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for failure to state a claim as set forth in the February 21, 2019 findings and recommendations

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(ECF No. 22).

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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.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: June 25, 2019.

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the party is fully effective.
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