-JLT Wheeler v. Bank of America, No. 1:2011cv01270 - Document 18 (E.D. Cal. 2012)

Court Description: ORDER VACATING 15 , 16 , Orders Adopting Findings and Recommendations and Issuing Judgment and REOPENING CASE signed by District Judge Lawrence J. O'Neill on 1/9/2012. Case reopened.(Sant Agata, S)

Download PDF
-JLT Wheeler v. Bank of America Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN FREDERICK WHEELER, 12 13 14 Case No. 1:11-cv-01270 LJO JLT Plaintiff, ORDER VACATING ORDERS ADOPTING FINDINGS AND RECOMMENDATIONS AND ISSUING JUDGEMENT AND REOPENING CASE v. BANK OF AMERICA, (Doc. 15 & 16) 15 Defendant. 16 / 17 On December 14, 2011, the assigned Magistrate Judge issued findings and recommendations, 18 (“F&R”), recommending that this case be dismissed with prejudice and providing Plaintiff fourteen (14) 19 days with which to file objections to the F&R. (Doc. 14.) Plaintiff however did not file objections 20 during the fourteen day time period. On January 3, 2012, the Court adopted the F&R in full. (Doc. 15). 21 However, on January 6, 2012, Plaintiff filed objections to the F&R and stated that he never receive the 22 F&R. (Doc. 17.) Plaintiff requested that he be served the F&R so that he may file objections responding 23 to the F&R. (Id.) 24 25 The Court’s docket reflects an oversight on the part of the Court, in failing to serve Plaintiff with the F&R. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1 28 The Court’s order of January 3, 2012 (Doc. 15), (and accompanying Judgement in favor of Defendant (Doc. 16)), is hereby vacated, and the Clerk of the Court will reopen the 1 Dockets.Justia.com 1 case and; 2 2. 3 Plaintiff will be served by mail a copy of the Findings and Recommendations of the assigned Magistrate Judge (Doc. 14); and 4 3. Within 14 days after being served with these Findings and Recommendations, Plaintiff 5 may file written objections with the Court. If Plaintiff elects to file written objections, 6 he should caption the document as “Objections to Magistrate Judge's Findings and 7 Recommendations.” 8 4. 9 Plaintiff is again advised that failure to file objections within the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 10 Cir. 1991). 11 IT IS SO ORDERED. 12 Dated: b9ed48 January 9, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.