(PS) Melger v. Wells Fargo Bank N.A., No. 2:2016cv02222 - Document 10 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/01/2016 RECOMMENDING that this action be dismissed for lack of subject matter jurisdiction. Referred to District Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Jackson, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS MELGER, 12 13 14 15 No. 2: 16-cv-2222 TLN CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS WELLS FARGO BANK N.A., Defendant. 16 17 Plaintiff is proceeding in this action pro se and in forma pauperis. In this action, plaintiff 18 complains about defendant opening unauthorized accounts. The complaint fails to set forth a 19 basis for subject matter jurisdiction. 20 By order filed September 28, 2016, plaintiff was ordered to show cause no later than 21 October 28, 2016 why this action should not be dismissed for lack of subject matter jurisdiction. 22 Plaintiff has not filed a response to the order to show cause. There being no evident basis for 23 subject matter jurisdiction, the court will recommend that this action be dismissed. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for lack of subject matter jurisdiction. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” 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: November 1, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 4 melger2222.nosmj.57 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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