(PS) Cearley v. Wells Fargo Bank, No. 2:2015cv00353 - Document 36 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/16/16 recommending that this action be dismissed. F&R referred to Judge Morrison C. England, Jr.. Objections to F&R due within fourteen days. (Kaminski, H)

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(PS) Cearley v. Wells Fargo Bank Doc. 36 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 RONALD E. CEARLEY, 13 Plaintiff, 14 15 No. 2:15-cv-353-MCE-EFB PS v. FINDINGS AND RECOMMENDATIONS WELLS FARGO BANK, 16 Defendant. 17 On February 4, 2016, the district judge adopted this court’s findings and recommendations 18 19 and granted defendant’s motion to dismiss with leave to amend.1 ECF No. 34. That order gave 20 plaintiff thirty days to file an amended complaint correcting the deficiencies identified in the 21 January 8, 2016 findings and recommendations, and warned plaintiff that failure to file an 22 amended complaint would result in this action being dismissed. Id. The deadline has passed and plaintiff has not filed an amended complaint or otherwise 23 24 responded to the order. 25 ///// 26 ///// 27 28 1 This action, in which plaintiff is proceeding in propria persona, was referred to the undersigned under Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed, and that the Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); Local Rule 110. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written 6 objections with the court. Such a document should be captioned “Objections to Magistrate 7 Judge’s Findings and Recommendations.” Failure to file objections within the specified time 8 may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 9 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: March 16, 2016. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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