Pulido v. Federal Home Loan Mortgage Corporation

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND (Illston, Susan) (Filed on 3/22/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 ANDY PULIDO, 9 United States District Court For the Northern District of California 10 11 12 No. C 12-5204 SI Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT LEAVE TO AMEND v. FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendant. 13 / 14 Now before the Court is defendant’s motion to dismiss plaintiff’s complaint pursuant to Federal 15 Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiff 16 has not opposed the motion, requested an extension of time, or otherwise contacted the Court. Pursuant 17 to Civil Local Rule 7-1(b), the Court determines that the matter is appropriate for resolution without oral 18 argument. 19 On August 29, 2012, plaintiff filed the present action in Alameda County Superior Court alleging 20 fraud and seeking injunctive relief and quiet title against defendant after defendant successfully obtained 21 the subject property in a separate action for unlawful detainer. Defendant removed the case to this Court 22 on October 9, 2012, and filed a motion to dismiss on December 18, 2012. On February 8, 2013, 23 Magistrate Judge Jacqueline Scott Corley filed a Report and Recommendation recommending that the 24 Court grant defendant’s motion to dismiss. The Report and Recommendation was served on plaintiff 25 by mail. Plaintiff made no objections to the Report and Recommendation by the February 22, 2013 26 deadline, or thereafter. See Fed. R. Civ. P. 72(b). 27 Lacking both parties’ consent to proceed before a magistrate judge, the case was reassigned here. 28 1 The Court has reviewed the Report and Recommendation, the complaint, and the motion to dismiss, and 2 concludes that the case should be dismissed as set forth in the Report and Recommendation. 3 4 Accordingly, the Court ADOPTS the Report and Recommendation and DISMISSES the case WITHOUT LEAVE TO AMEND. 5 6 IT IS SO ORDERED. 7 8 Dated: March 22 , 2013 SUSAN ILLSTON United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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