(PS) Craver v. National City Bank, No. 2:2009cv01276 - Document 40 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Morrison C. England, Jr on 11/18/09 ORDERING that the findings and recommendations filed 10/22/09, are adopted in full; Plaintiff's motion to remand 20 is denied; Defendant's motion to dismiss 8 is granted; Plaintiff's complaint is dismissed; Plaintiff is granted leave to file an amended complaint; Defendant's motion to strike 10 is denied as moot; and this matter is referred back to the magistrate judge for further proceedings. (Becknal, R)
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(PS) Craver v. National City Bank Doc. 40 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CONSTANCE CRAVER, 12 13 14 Plaintiff, vs. ORDER NATIONAL CITY BANK, et al., 15 Defendants. 16 / 17 18 No. CIV S-09-1276-MCE-CMK Plaintiff, proceeding pro se, brings this action to “quiet title.” The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. 19 On October 22, 2009, the Magistrate Judge filed findings and recommendations 20 herein which were served on the parties and which contained notice that the parties may file 21 objections within a specified time. No objections to the findings and recommendations have 22 been filed.1 23 24 25 26 1 Instead of filing objections to the findings and recommendations, Plaintiff filed an amended complaint on October 30, 2009. The court interprets this action as Plaintiff agreeing with the magistrate judge’s recommendation that her original complaint be dismissed with leave to amend. No objections were received by the defendants either, who instead responded to Plaintiff’s amended complaint with a new motion to dismiss/motion to strike. 1 Dockets.Justia.com 1 2 The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the Magistrate Judge's analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 22, 2009, are adopted in 6 2. Plaintiff’s motion to remand (Doc. 20) is denied; 7 3. Defendant’s motion to dismiss (Doc. 8) is granted; 8 4. Plaintiff’s complaint is dismissed; 9 5. Plaintiff is granted leave to file an amended complaint; 10 6. Defendant’s motion to strike (Doc. 10) is denied as moot; and 11 7. This matter is referred back to the magistrate judge for further 5 12 13 full; proceedings. Dated: November 18, 2009 14 15 16 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 2
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