(PS) Wilson v. First Franklin Financial Corp. et al, No. 2:2008cv02572 - Document 77 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr. on 11/29/2010 FINDINGS AND RECOMMENDATIONS 76 are ADOPTED in FULL; Plaintiff's second amended complaint is DISMISSED without prejudice pursuant to the provisions of 28:1367(c); Defendants' 54 motion to dismiss is DENIED; and Defendants' 56 motion to strike is DENIED. (Reader, L)
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(PS) Wilson v. First Franklin Financial Corp. et al Doc. 77 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BEVERLY J. WILSON, Plaintiff, 11 12 No. 2:08-cv-2572 FCD JFM PS vs. 13 FIRST FRANKLIN FINANCIAL CORP., 14 Defendant. / 15 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was 16 17 ORDER referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21). 18 On November 3, 2010, the magistrate judge filed findings and recommendations 19 herein which were served on plaintiff and which contained notice to plaintiff that any objections 20 to the findings and recommendations were to be filed within ten days. Plaintiff has not filed 21 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 22 23 supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY 24 ORDERED that: 1. The findings and recommendations filed November 3, 2010 are adopted in 25 26 full; and 1 Dockets.Justia.com 1 2 2. Plaintiff’s second amended complaint is dismissed without prejudice pursuant to the provisions of 28 U.S.C. § 1367(c); 3 2. Defendants’ motion to dismiss is denied; and 4 3. Defendants’ motion to strike is denied. 5 DATED: November 29, 2010. 6 7 8 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2