(PS) Foos v. Wells Fargo Home Mortgage, No. 2:2010cv02201 - Document 28 (E.D. Cal. 2011)
Court Description: ORDER adopting 26 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Frank C. Damrell, Jr on 1/14/11: Defendant's motion to dismiss is granted 14 . Plaintiff is granted leave to file an amended complaint. Any amended complaint must be filed within 30 days of the date of this order. (Kaminski, H)
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(PS) Foos v. Wells Fargo Home Mortgage Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN FOOS, Plaintiff, 12 13 No. CIV S-10-2201-FCD-CMK vs. ORDER 14 WELLS FARGO HOME MORTGAGE, 15 Defendant. / 16 17 Plaintiff, proceeding pro se, brings this civil action regarding his home loan 18 mortgage, apparently alleging violations of the Real Estate Settlement Procedures Act, 12 U.S.C. 19 § 2601 et seq., and the Truth in Lending Act, 15 U.S.C. § 1601, et seq. The matter was referred 20 to a United States Magistrate Judge pursuant to Eastern District of California local rules. On December 16, 2010, 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 December 16, 2010, are adopted 4 2. Defendant’s motion to dismiss (Doc. 14) is granted; 5 3. Plaintiff is granted leave to file an amended complaint in order to cure the 3 in full; 6 pleading defects identified in the Magistrate Judge’s findings and recommendations, and to set 7 forth fact sufficient to support his allegations and claim to equitable tolling; 8 9 10 4. Any amended complaint must be filed within 30 days of the date of this 5. If no amended complaint is filed within the time frame set herein, the order; and 11 court may dismiss this action for failure to prosecute. 12 DATED: January 14, 2011. 13 14 15 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2
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