-DAD (TEMP)(PS) Portnoy v. American Honda Financial Services, No. 2:2011cv00136 - Document 5 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 2/2/11 Recommending that this action be dismissed. These FINDINGS AND RECOMMENDATIONS will be submitted to U.S. District Judge Garland E. Burrell Jr. Within fourteen days after being served with these Findings and Recommendations, Plaintiff may file written objections with the Court. (Mena-Sanchez, L)
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-DAD (TEMP)(PS) Portnoy v. American Honda Financial Services Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SERGEI PORTNOY, 11 12 13 Plaintiff, No. CIV S-11-136 GEB DAD (TEMP) PS vs. AMERICAN HONDA FINANCIAL SERVICES, 14 Defendant. 15 16 17 FINDINGS AND RECOMMENDATIONS / Plaintiff is proceeding in this action pro se and in forma pauperis. This proceeding was referred to this court by Local Rule 72-302(c)(21). 18 By order filed January 19, 2011, plaintiff was ordered to show cause no later than 19 January 28, 2011 why this action should not be dismissed for lack of subject matter jurisdiction. 20 Plaintiff has failed to respond to the order to show cause. There being no evident basis for 21 subject matter jurisdiction, the court will recommend that this action be dismissed. 22 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of subject matter jurisdiction. These findings and recommendations will be submitted to the United States 25 District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 26 fourteen days after being served with these findings and recommendations, plaintiff may file Dockets.Justia.com 1 written objections with the court. The document should be captioned “Objections to Magistrate 2 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: February 2, 2011. 6 7 8 9 10 JMM portnoy-honda.nosmj 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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