(PS) Jennings v. Washington Mutual Bank et al, No. 2:2010cv02126 - Document 15 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 3/24/11 ORDERING the findings and recommendations filed February 28, 2011, are adopted in full; Defendants' unopposed motion to dismiss (Doc. 10) is granted; Plaintiff's claims for TILA and HOEP A violations, conspiracy, and accounting are dismissed with prejudice; Plaintiff may file an amended complaint within 20 days of the date of this order to cure the defects in the remaining claims; and Failure to file an amended complaint within the time frame provided willresult in the dismissal of this entire action for failure to prosecute. (Matson, R)
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(PS) Jennings v. Washington Mutual Bank et al Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANNE JENNINGS, Plaintiff, 12 13 14 No. CIV S-10-2126-FCD-CMK vs. ORDER WASHINGTON MUTUAL BANK, et al., 15 Defendants. / 16 17 Plaintiff, proceeding in this action in propria persona, bring this civil action 18 regarding, inter alia, violations of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2603, 19 et seq. The matter was referred to a United States Magistrate Judge pursuant to Eastern District 20 of California local rules. On February 28, 2011, the Magistrate Judge filed findings and recommendations 21 22 herein which were served on the parties and which contained notice that the parties may file 23 objections within a specified time. No objections to the findings and recommendations have 24 been filed. 25 26 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. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 28, 2011, are adopted 4 2. Defendants’ unopposed motion to dismiss (Doc. 10) is granted; 5 3. Plaintiff’s claims for TILA and HOEPA violations, conspiracy, and 3 6 7 8 9 in full; accounting are dismissed with prejudice; 4. Plaintiff may file an amended complaint within 20 days of the date of this order to cure the defects in the remaining claims; and 5. Failure to file an amended complaint within the time frame provided will 10 result in the dismissal of this entire action for failure to prosecute. 11 DATED: March 24, 2011. 12 13 14 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2
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