(PS) Jackson v. Clear Recon Corp. et al, No. 2:2015cv00968 - Document 48 (E.D. Cal. 2016)

Court Description: ORDER signed by Magistrate Judge Allison Claire on 8/16/2016 ORDERING tha tthe 45 Order to Show Cause is DISCHARGED. The 47 Findings and Recommendations are WITHDRAWN. Defendants' 42 Motion to Dismiss is taken under submission for determination by the court. (Zignago, K.)

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(PS) Jackson v. Clear Recon Corp. et al Doc. 48 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN JACKSON 12 13 14 15 16 No. 2:15-cv-00968 TLN AC Plaintiff, v. ORDER CLEAR RECON CORP., BANK OF AMERICA, N.A., and STEWART TITLE, Defendants. 17 18 On July 28, 2016, after plaintiff failed to timely respond to defendants’ motion to dismiss, 19 this court ordered plaintiff to show cause why the complaint should not be dismissed with 20 prejudice for failure to prosecute. ECF No. 45. When plaintiff failed to respond to the Order to 21 Show Cause, the undersigned issued Findings and Recommendations on August 12, 2016, 22 recommending dismissal of this case for failure to prosecute. ECF No. 47. Because it appears 23 that plaintiff’s Opposition to the Motion to Dismiss was filed on August 11, 2016, ECF No. 46, 24 the Findings and Recommendations will be vacated and the Order to Show Cause discharged. 25 Accordingly, IT IS HEREBY ORDERED AS FOLLOWS: 26 1. The Order to Show Cause dated July 28, 2016 (ECF. No. 45) is discharged; 27 2. The Findings and Recommendations filed on August 12, 2016 (ECF No. 47) are 28 withdrawn; 1 Dockets.Justia.com 1 2 3. Defendants’ Motion to Dismiss (ECF No. 42) is taken under submission for determination by the court. 3 IT IS SO ORDERED. 4 DATED: August 16, 2016 5 6 7 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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