(PS) Sousa v. Saxon Mortgage Services, Inc. et al, No. 2:2010cv01018 - Document 11 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 08/09/10 RECOMMENDING that 4 Motion to Dismisss Complaint be Granted and this action be Dismissed. Findings and recommendations referred to Judge Morrison E. England, Jr. Objections to F&R due within 14 days. (Williams, D)

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(PS) Sousa v. Saxon Mortgage Services, Inc. et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUIS S. SOUSA, Plaintiff, 11 vs. 12 13 No. CIV 2:10-cv-1018-MCE-JFM (PS) SAXON MORTGAGE SERVICES, INC., 14 Defendant. FINDINGS & RECOMMENDATIONS 15 / 16 On April 30, 2010, defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 17 12(b)[(6) OR (1)]. Plaintiff has not opposed the motion. 18 Local Rule 230(l) provides in part: “Failure of the responding party to file written 19 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 20 the granting of the motion . . . .” On June 9, 2010 and July 15, 2010, plaintiff was advised of the 21 requirements for filing an opposition to a motion to dismiss and that failure to oppose such a 22 motion may be deemed a waiver of opposition to the motion. 23 ///// 24 ///// 25 ///// 26 1 Dockets.Justia.com 1 2 Accordingly, plaintiff’s failure to oppose should be deemed a waiver of opposition to the granting of the motion. IT IS HEREBY RECOMMENDED that: 3 1. Defendant’s April 30, 2010 motion to dismiss be granted; and 4 2. This action be dismissed. 5 These findings and recommendations are submitted to the United States District 6 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 7 days after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 10 shall be served and filed within fourteen days after service of the objections. The parties are 11 advised that failure to file objections within the specified time may waive the right to appeal the 12 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 DATED: August 9, 2010. 14 15 16 17 /014;sous1018.46.dm 18 19 20 21 22 23 24 25 26 2

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