-DAD (PS) Teang v. GMAC Mortgage LLC, No. 2:2011cv00024 - Document 18 (E.D. Cal. 2011)
Court Description: ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 5/25/11 ORDERING that the Court's Order to Show cause 12 is DISCHARGED; and RECOMMENDING that Defendant's unopposed motion to dismiss plaintiff's complaint without leave to amend 5 be GRANTED; and this action be DISMISSED. Referred to Judge Morrison C. England, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
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-DAD (PS) Teang v. GMAC Mortgage LLC Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KIMPO TEANG, 11 Plaintiff, 12 13 No. CIV S-11-0024 MCE DAD PS vs. GMAC MORTGAGE LLC, 14 ORDER AND Defendant. 15 FINDINGS AND RECOMMENDATIONS / 16 On April 15, 2011, the court ordered plaintiff to show cause why sanctions should 17 not be imposed for her failure to file timely opposition or a statement of non-opposition to 18 defendant’s motion to dismiss, and for her failure to appear at the hearing of defendant’s motion. 19 Plaintiff has filed and served a timely response to the order to show cause, along with a statement 20 that she does not oppose defendant’s motion to dismiss. 21 The undersigned finds good cause not to impose sanctions upon plaintiff, either 22 for her failure to file timely opposition or non-opposition to defendant’s motion, or for her failure 23 to appear at the hearing of the motion. In light of plaintiff’s statement of non-opposition, the 24 undersigned will recommend that the district judge grant defendant’s motion to dismiss 25 plaintiff’s complaint for failure to state any claim upon which relief can be granted. 26 ///// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY ORDERED that the court’s April 15, 2011 order to show cause (Doc. No. 12) is discharged; and 3 IT IS RECOMMENDED that: 4 1. Defendant’s unopposed motion to dismiss plaintiff’s complaint without leave 5 to amend (Doc. No. 5) be granted; and 6 2. This action be dismissed. 7 These findings and recommendations will be submitted to the United States 8 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 9 fourteen (14) days after being served with these findings and recommendations, any party may 10 file written objections with the court. A document containing objections should be titled 11 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to objections 12 shall be filed within seven (7) days after service of the objections. The parties are advised that 13 failure to file objections within the specified time may, under certain circumstances, waive the 14 right to appeal the District Court’s order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 DATED: May 25, 2011. 16 17 18 19 DAD:kw Ddad1\orders.pro se\teang0024.f&r.mtdgr 20 21 22 23 24 25 26 2
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