-GGH (PS) Rose v. American Home Mortgage Servicing, Inc., No. 2:2010cv03250 - Document 26 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/26/2011 recommending that defendant Option One Mortgage be dismissed without prejudice; referred to Judge Kimberly J. Mueller; Objections due within fourteen days after being served with these findings and recommendations. (Duong, D)
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-GGH (PS) Rose v. American Home Mortgage Servicing, Inc. Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD ROSE, 11 12 13 Plaintiff, CIV. NO. S-10-3250 KJM GGH PS vs. AMERICAN HOME MORTGAGE SERVICING, INC., et al., 14 Defendant. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed July 25, 2011, plaintiff was ordered to show cause, within fourteen 17 days, why defendant Option One Mortgage should not be dismissed for failure to serve this 18 defendant in compliance with Federal Rule of Civil Procedure 4(m). Plaintiff has responded to 19 the court’s order, explaining his understanding that Option One Mortgage is no longer in 20 business. 21 22 23 IT IS HEREBY RECOMMENDED that defendant Option One Mortgage be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge's 1 Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: September 26, 2011 5 6 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH:076/Rose3250.opt.wpd 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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