hernandez v. Wholesale America Mortgage, Inc et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND DISMISSING ACTION FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT DEADLINES AND ORDERS by Hon. William Alsup adopting Report and Recommendations as to 5 Report and Recommendations..(whalc2, COURT STAFF) (Filed on 2/1/2012) (Additional attachment(s) added on 2/1/2012: # 1 Certificate of Service) (dt, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL HERNANDEZ JR.,

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For the Northern District of California

United States District Court

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No. C 11-02762 WHA

Plaintiff,
v.

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WHOLESALE AMERICA MORTGAGE,
INC., MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., J.P.
MORGAN CHASE BANK, N.A., and
CALIFORNIA RECONVEYANCE
COMPANY,

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ORDER ADOPTING REPORT AND
RECOMMENDATION OF
MAGISTRATE JUDGE AND
DISMISSING ACTION FOR
FAILURE TO PROSECUTE AND
FAILURE TO COMPLY WITH
COURT DEADLINES AND ORDERS

Defendants.

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The undersigned judge has reviewed Magistrate Judge Maria-Elena James’ report and

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recommendation regarding plaintiff’s failure to prosecute this action, including his failure to

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comply with court deadlines and orders and there being no indication that defendants were

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served. The period to object to the report has passed. No objection was made. As discussed in

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the report, there was no indication that plaintiff served the named defendants, plaintiff failed to

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file a case status report, and plaintiff failed to respond to the magistrate judge’s order to show

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cause why the case should not be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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The case was reassigned to the undersigned judge on December 20, 2011. An order to

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show cause issued why the plaintiff had not timely served defendants and why the case should not

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be dismissed for failure to prosecute. A response was due January 30, 2012. None was received.

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This order ADOPTS in full the report and recommendation of Magistrate Judge James.

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Thus, this action is DISMISSED for failure to prosecute and failure to comply with Magistrate

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Judge James’ and this Court’s deadlines and orders. The Clerk shall CLOSE THE CASE FILE.

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IT IS SO ORDERED.

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Dated: February 1, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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