-EFB (PS)Larry v. Mortgage Electronic Recording Systems et al, No. 2:2011cv01075 - Document 6 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/5/11, RECOMMENDING that this action be dismissed without prejudice, and that the Clerk be directed to close this case. Matter referred to Judge Karlton. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)

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-EFB (PS)Larry v. Mortgage Electronic Recording Systems et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIFFANY E. LARRY, Plaintiff, 11 12 13 14 15 16 No. CIV S-11-1075 LKK EFB PS vs. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS; WASHINGTON MUTUAL BANK; WELLS FARGO BANK, N.A.; NDEX WEST LLC, Defendants. FINDINGS AND RECOMMENDATIONS / 17 18 This action in which plaintiff is proceeding in propria persona and in forma pauperis, is 19 before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 20 U.S.C. § 636(b)(1). On May 5, 2011, the court dismissed plaintiff’s complaint for failure to state 21 a claim, with leave to amend, pursuant to 28 U.S.C. § 1915(e)(2). Dckt. No. 5. The dismissal 22 order explained the complaint’s deficiencies, gave plaintiff 30 days to file an amended complaint 23 correcting those deficiencies, and warned plaintiff that failure to file an amended complaint 24 would result in a recommendation that this action be dismissed. 25 26 The 30-day period has expired and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 1 Dockets.Justia.com 1 Accordingly, it is hereby RECOMMENDED that this action be dismissed without 2 prejudice, and that the Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); E.D. Cal. 3 L.R. 110. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: July 5, 2011. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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