(PS) Cearley v. Wells Fargo Bank, No. 2:2015cv00353 - Document 34 (E.D. Cal. 2016)

Court Description: ORDER signed by Chief Judge Morrison C. England, Jr on 2/2/16 ORDERING the Findings and Recommendations filed 1/8/16 33 are ADOPTED IN FULL; Plaintiff's Motion to Reverse and Revoke the Sale of Property 13 is DENIED; Defendant's Amended Motion to Dismiss 7 is GRANTED; and Plaintiff is granted thirty (30) days from the date this Order to file an amended complaint. Failure to file an complaint will result in dismissal of this action. (Becknal, R)

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(PS) Cearley v. Wells Fargo Bank Doc. 34 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD E. CEARLEY, 12 13 14 No. 2:15-cv-353-MCE-EFB PS Plaintiff, v. ORDER WELLS FARGO BANK, 15 Defendant. 16 17 On January 8, 2016, the magistrate judge filed Findings and Recommendations herein 18 (ECF No. 33) which were served on the parties and which contained notice that any objections to 19 the Findings and Recommendations were to be filed within fourteen days. Neither party filed 20 objections to the Findings and Recommendations. 21 22 The Court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. The Findings and Recommendations filed January 8, 2016 (ECF No. 33) are 25 26 27 28 ADOPTED IN FULL; 2. Plaintiff’s Motion to Reverse and Revoke the Sale of Property (ECF No. 13) is DENIED; 3. Defendant’s Amended Motion to Dismiss (ECF No. 7) is GRANTED; and Dockets.Justia.com 1 4. Plaintiff is granted thirty (30) days from the date this Order is electronically filed to file 2 an amended complaint that cures the deficiencies the magistrate judge identified in the Findings 3 and Recommendations. The amended complaint must bear the docket number assigned to this 4 case and must be labeled “First Amended Complaint.” Failure to file an amended complaint will 5 result in dismissal of this action. 6 7 IT IS SO ORDERED. Dated: February 2, 2016 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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