(PS) Miller v. Wells Fargo Home Mortgage et al, No. 2:2010cv00284 - Document 23 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 21 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Garland E. Burrell, Jr. on 9/27/2010. Defendants' 10 15 Motions to Dismiss are GRANTED pursuant to FRCP 12(b)(6). This action is DISMISSED, with prejudice as to First American Loanstar Trustee Services and Wells Fargo Home Mortgage. (Marciel, M)
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(PS) Miller v. Wells Fargo Home Mortgage et al 1 Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FREDERIC MILLER, 11 Plaintiff, 12 13 No. CIV S-10-0284 GEB DAD PS v. WELLS FARGO HOME MORTGAGE, et al., 14 Defendants. ORDER 15 / 16 Plaintiff is proceeding pro se with the above-entitled action. The matter was 17 referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). 18 On August 31, 2010, the magistrate judge filed findings and recommendations 19 herein which were served on all parties who have appeared in the action and which contained 20 notice to those parties that any objections to the findings and recommendations were to be filed 21 within fourteen days. The fourteen-day period has expired, and no party has filed objections to 22 the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. 25 ///// 26 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 31, 2010 (Doc. No. 21) are 3 adopted in full; 4 2. The motion to dismiss (Doc. No. 10) filed by defendant First American 5 Loanstar Trustee Services on February 10, 2010, is granted pursuant to Federal Rule of Civil 6 Procedure 12(b)(6); 7 3. The motion to dismiss (Doc. No. 15) filed by defendant Wells Fargo Home 8 Mortgage on February 10, 2010, is granted pursuant to Federal Rule of Civil Procedure 12(b)(6); 9 and 10 11 4. This action is dismissed with prejudice as to the two moving defendants only. Dated: September 27, 2010 12 13 14 GARLAND E. BURRELL, JR. United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 2