-GGH (PS) Acosta et al v. BAC Home Loan Servicing, L.P., No. 2:2010cv02871 - Document 9 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/2/11 recommending that this action be dismissed with prejudice re 1 Complaint filed by Evelyn A Acosta. Objections to F&R due w/in 14 days. (Matson, R)
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-GGH (PS) Acosta et al v. BAC Home Loan Servicing, L.P. Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CRISANTO U. ACOSTA, 11 Plaintiff, 12 No. CIV S-10-2871 FCD GGH PS vs. 13 BAC HOME LOANS SERVICING, LP, 14 Defendant. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed January 18, 2011, 2011, plaintiff’s complaint was dismissed and 17 twenty-eight days leave to file an amended complaint was granted. In that order, the court 18 informed plaintiff of the deficiencies in his complaint. On March 7, 2011, plaintiff was granted a 19 twenty-one day extension of time to file his complaint. The twenty-one day period has now 20 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 21 order. 22 Plaintiff has apparently decided to rest on the dismissed complaint. For the 23 reasons given in the January 18, 2011, order, IT IS HEREBY RECOMMENDED that this action 24 be dismissed with prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 25 26 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: May 2, 2011 /s/ Gregory G. Hollows 7 UNITED STATES MAGISTRATE JUDGE 8 acosta2871.fta 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2