(PS) Esoimeme v. Wells Fargo Bank et al, No. 2:2010cv02259 - Document 26 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge John A. Mendez on 11/10/2011 PROPOSED FINDINGS AND RECOMMENDATIONS 25 are ADOPTED; Wells Fargo's # 7 Motion to Dismiss is GRANTED; Wells Fargo's # 8 Motion to Strike is DENIED; Plaintiff's complaint is DISMISSED in its entirety; Plaintiff is GRANTED 30 days from the date of this order to file an amended complaint. (Reader, L)
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(PS) Esoimeme v. Wells Fargo Bank et al Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATHIAS ESOIMEME, 11 12 13 14 15 Plaintiff, No. CIV S-10-2259 JAM EFB PS vs. WELLS FARGO BANK; NDEX WEST LLC; WORLD SAVINGS BANK; and DOES 1-100, inclusive, Defendants. __________________________________/ ORDER 16 17 On September 1, 2011, the magistrate judge filed findings and recommendations 18 herein which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen days. No objections were filed. 20 21 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 22 Accordingly, IT IS ORDERED that: 23 1. The proposed Findings and Recommendations filed September 1, 2011, are 24 ADOPTED; 25 2. Wells Fargo’s motion to dismiss, Dckt. No. 7, is granted; 26 3. Wells Fargo’s motion to strike, Dckt. No. 8, is denied; 1 Dockets.Justia.com 1 4. Plaintiff’s complaint is dismissed in its entirety; 2 5. Plaintiff is granted thirty days from the date of this order to file an amended 3 complaint, so long as he can cure the defects listed in the magistrate judge’s findings and 4 recommendations by truthfully alleging facts that are not inconsistent with those contained in his 5 current complaint; 6 6. Plaintiff is admonished that, in any amended complaint, plaintiff must plead 7 against which defendants he brings each cause of action and what each defendant did to support 8 relief under each respective cause of action, and that the amended complaint must bear the 9 docket number assigned to this case and must be labeled “Amended Complaint”; and 10 7. Plaintiff is warned that failure to timely file an amended complaint in 11 accordance with this order will result in a recommendation by the assigned magistrate judge that 12 this action be dismissed. 13 DATED: November 10, 2011 14 /s/ John A. Mendez 15 UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2
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