(PS) Collins v. Fannie Mae, No. 2:2010cv01473 - Document 3 (E.D. Cal. 2010)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 7/23/2010 ORDERING 2 Motion to Proceed IFP is GRANTED. IT IS RECOMMENDED that this action be dismissed. Objections to F&R due w/in 14 days. (Matson, R)
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(PS) Collins v. Fannie Mae Doc. 3 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HEATHER COLLINS, 11 Plaintiff, vs. 12 13 No. CIV S-10-1473 LKK KJM PS FANNIE MAE, ORDER AND Defendant. 14 FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is proceeding in this action pro se. Plaintiff has requested authority 16 17 pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this 18 court by Local Rule 72-302(c)(21). 19 Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is 20 unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in 21 forma pauperis will be granted. 28 U.S.C. § 1915(a). 22 In this action, plaintiff challenges an unlawful detainer action presently being 23 taken against her in state court. Because the unlawful detainer action was filed in state court 24 prior to the initiation of the instant federal court action and both actions involve precisely the 25 same property, this court is required to abstain from exercising jurisdiction. See Colorado River 26 ///// 1 Dockets.Justia.com 1 Water Conservation District v. United States, 424 U.S. 800, 814-15 (1976); see also Scherbenske 2 v. Wachovia Mortgage, FSB, 626 F.Supp.2d 1052, 1057-58 (E.D. Cal. 2009). 3 4 Accordingly, IT IS HEREBY ORDERED that plaintiff's request to proceed in forma pauperis is granted; and 5 IT IS HEREBY RECOMMENDED that this action be dismissed. 6 These findings and recommendations are submitted to the United States District 7 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 8 fourteen days after being served with these findings and recommendations, plaintiff may file 9 written objections with the court and serve a copy on all parties. Such a document should be 10 captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is 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: July 23, 2010. 14 006 15 collins.ifp-57 16 17 18 19 20 21 22 23 24 25 26 2
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