Colombo v. Bank of America Corporation, N.A. et al

Filing 21

ORDER Magistrate Judge Leens Report of Findings and Recommendation 17 is Affirmed and Plaintiff Christina G. Colombos Complaint 1 is DISMISSED with prejudice. Defendants Motion to Dismiss for Failure to Prosecute 18 is DENIED as moot. Defendants Motion for Summary Judgment 20 is DENIED as moot. Signed by Judge Philip M. Pro on 3/1/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA -oOoCHRISTINA G. COLOMBO, Plaintiff, vs. BANK OF AMERICA CORPORATION, et al., , Defendants. ) ) ) ) ) ) ) ) ) ) )

2:10-CV-01206-PMP-PAL ORDER

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Before the Court for consideration is Plaintiff Christina G. Colombo's, failure to comply with this Court's Order (Doc. #14) and Order to Show Cause (Doc. #15). On February 2, 2011, The Honorable Peggy A. Leen, United States Magistrate Judge, entered a Report of Findings and Recommendation (Doc. #17) recommending that Plaintiff Colombo's Complaint (Doc. #1) should be denied. On December 17, 2010, Plaintiff Colombo was given up to and including January 3, 2011, within which to retain counsel or file a notice with the Court that she would appear in pro se. As of this date, Plaintiff has failed to do so and time has since expired. In addition, on January 10, 2011, the Court entered an Order to Show Cause (Doc. #15) giving Plaintiff up to and including January 24, 2011, to show cause in writing why she did not comply with the Court's Order (Doc. #14). Plaintiff has failed to do so and time has now expired.

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The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C.§ 636(b)(1) and Local Rule IB 3-2 and determines that Magistrate Judge Leen's Report of Findings and Recommendation should be Affirmed. IT IS THEREFORE ORDERED that Magistrate Judge Leen's Report of Findings and Recommendation (Doc. #17) is Affirmed and Plaintiff Christina G. Colombo's Complaint (Doc. #1) is DISMISSED with prejudice. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss for Failure to Prosecute (Doc. #18) is DENIED as moot. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment (Doc. #20) is DENIED as moot.

DATED: March 1, 2011.

PHILIP M. PRO United States District Judge

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