(PS) Green v. Alliance Title et al, No. 2:2010cv00242 - Document 53 (E.D. Cal. 2010)

Court Description: ORDER adopting 52 FINDINGS AND RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 9/24/10: Defendant SPS's motion to dismiss is granted 9 . Defendant CMG's motion to dismiss is granted 26 . Plaintiff's complaint is dismi ssed in its entirety, with leave to amend. Plaintiff' motions to amend and for joinder, are granted in part and denied in part 28 , 44 , 46 . Defendant SPS' motion to expunge a lis pendens recorded by or on behalf of plaintiff is denied without prejudice 16 . Plaintiff is granted thirty days from the date of service of this order to ile an amended complaint. (Kaminski, H)
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(PS) Green v. Alliance Title et al Doc. 53 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KWANZA GREEN, 11 Plaintiff, 12 13 14 No. CIV S-10-0242 MCE EFB PS vs. ALLIANCE TITLE; CMG MORTGAGE, INC.; SELECT PORTFOLIO SERVICING, INC.; NATIONAL DEFAULT SERVICING, CORP.; and DOES 1 through 100, inclusive, ORDER 15 16 Defendants. __________________________________/ 17 On September 2, 2010, the magistrate judge filed findings and recommendations 18 herein which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen days. No objections were filed. 20 Accordingly, the court presumes any findings of fact are correct. See Orland v. 21 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 The court has reviewed the applicable legal standards and, good cause appearing, 25 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The proposed Findings and Recommendations filed September 2, 2010, are 3 ADOPTED; 4 5 2. Defendant SPS’s motion to dismiss plaintiff’s complaint, Dckt. No. 9, is granted; 6 7 3. Defendant CMG’s motion to dismiss plaintiff’s complaint, Dckt. No. 26, is granted; 8 9 4. Plaintiff’s complaint is dismissed in its entirety, with leave to amend as provided in the magistrate judge’s September 2 findings and recommendations; 10 11 5. Plaintiff’s motions to amend and for joinder, Dckt. Nos. 28, 44, and 46, are granted in part and denied in part; 12 13 6. Defendant SPS’s motion to expunge a lis pendens recorded by or on behalf of plaintiff, Dckt. No. 16, is denied without prejudice; and 14 7. Plaintiff is granted thirty days from the date of service of this order to file an 15 amended complaint. The amended complaint must bear the docket number assigned to this case 16 and must be labeled “Amended Complaint.” Plaintiff must file an original and two copies of the 17 amended complaint. Failure to timely file an amended complaint in accordance with this order 18 will result in a recommendation by the magistrate judge that this action be dismissed and the case 19 closed. 20 Dated: September 24, 2010 21 22 23 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 24 25 26 2