Hogarth v. Asset Acceptance LLC et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT (Illston, Susan) (Filed on 8/14/2013)

Hogarth v. Asset Acceptance LLC et al

Doc. 12

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OWEN ALANZO HOGARTH II,

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United States District Court
For the Northern District of California

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No. C 13-02408 SI

Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING COMPLAINT

v.
ASSET ACCEPTANCE LLC, et al.,
Defendants.

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On May 28, 2013, pro se plaintiff Hogarth filed an action against defendants regarding a

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disputed payment of a debt plaintiff owes to Asset Acceptance. The case was initially assigned to

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Magistrate Judge Laporte.

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On June 24, 2013, Magistrate Judge Laporte filed a Report and Recommendation recommending

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that the Court deny the application to proceed in forma pauperis because the application was inadequate,

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and dismiss the complaint with leave to amend, because it failed to include a short and plain statement

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of statement of the claim showing that the pleader is entitled to relief. Docket No. 7. No party objected

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to the Report and Recommendation within 14 days of service. See Fed. R. Civ. P. 72(a); N.D. Cal. L.R.

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72-2. The Court has reviewed the Report and Recommendation and the complaint, and concludes that

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the complaint should be dismissed with leave to amend.

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On July 8, 2013, the Order Reassigning Case and the Report and Recommendation were returned

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as undeliverable to the Court. See Docket No. 10. Pursuant to Local Rule 3-11, a party has a duty to

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notify the Court of a change of address. If the Court receives mail returned as undeliverable, and has

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not received a change of address notification within 60 days, then the court may dismiss the case without

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prejudice. N.D. Cal. L.R. 3-11(b).

Dockets.Justia.com

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Accordingly, the Court ADOPTS the Report and Recommendation and DISMISSES the

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complaint.

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Additionally, the Court ORDERS plaintiff to file a Notice of Change of Address, pursuant to Local Rule

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3-11, by no later than September 6, 2013.

Plaintiff may file an amended complaint by no later than September 6, 2013.

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IT IS SO ORDERED.

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Dated: August 14, 2013

SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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