Goode v. One West Bank et al
Filing
22
MEMORANDUM DECISION AND ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS to dismiss the complaint filed on 8/22/12 without prejudice: Plaintiff is granted leave to amend his complaint on or before 5/29/13. Signed by Judge David Nuffer on 5/14/13 (alt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ROBERT NEIL GOODE,
Plaintiff,
v.
ONEWEST BANK FSB, INDYMAC
MORTGAGE SERVICES INC, ETITLE
INSURANCE AGENCY,
MEMORANDUM DECISION and
ORDER ADOPTING REPORT
AND RECOMMENDATION
Case No. 2:12-CV-815-DN-EJF
District Judge David Nuffer
Defendants.
Before the court is the Report and Recommendation (R & R) issued by United States
Magistrate Judge Evelyn Furse recommending that the district court dismiss Mr. Goode’s complaint
without prejudice and allow him to amend his complaint. 1 The parties were provided notice that
they had a right to timely object to the R & R, 2 and no objections were filed.
Having carefully reviewed the record, the court APPROVES AND ADOPTS the
recommendation to dismiss the complaint filed on August 22, 2012 without prejudice. Mr. Goode
is GRANTED leave to amend his complaint to “meet the requirements for pleadings set forth in the
Federal Rules of Civil Procedure and contain enough allegations of fact, taken as true, to state a
claim to relief that is plausible on its face.” 3 Mr. Goode shall file his amended complaint on or
before May 29, 2013.
Signed May 14, 2013.
BY THE COURT
________________________________________
District Judge David Nuffer
1
Report and Recommendation at 3, docket no. 21, filed April 25, 2013.
2
Id. at 4.
3
Id. at 3 (internal quotations and citations omitted).
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