(PS) McIntyre v. Alternative Loan Trust 2006-OC10 et al, No. 2:2013cv01597 - Document 31 (E.D. Cal. 2014)
Court Description: ORDER signed by District Judge Troy L. Nunley on 7/30/14 ORDERING that the proposed Findings and Recommendations filed 7/3/14, are ADOPTED; Defendant's motion to dismiss, 14 is granted; Plaintiff's amended complaint, construed as a motio n to amend, 23 is denied; and Plaintiff is granted thirty days from the date of this order to file an amended complaint as provided in the magistrate judge's 7/3/14 findings and recommendations. The amended complaint must bear the docket number assigned to this case and must be labeled as an "Amended Complaint." Failure to timely file an amended complaint may result in dismissal of this action. (Becknal, R)
Download PDF
<![CDATA[
(PS) McIntyre v. Alternative Loan Trust 2006-OC10 et al Doc. 31 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHILLIP McINTYRE, 12 Plaintiff, 13 14 15 16 17 No. 2:13-cv-1597-TLN-EFB PS v. ORDER ALTERNATIVE LOAN TRUST 2006OC10, THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK as TRUSTEE for the ALTERNATIVE LOAN TRUST 2006OC10, and DOES 1-10, Defendants. 18 19 On July 3, 2014, the magistrate judge issued findings and recommendations herein which 20 21 were served on the parties and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen days. No objections were filed. The court has reviewed the applicable legal standards and, good cause appearing, 23 24 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 25 Accordingly, IT IS ORDERED that: 26 1. The proposed Findings and Recommendations filed July 3, 2014, are ADOPTED; 27 2. Defendant’s motion to dismiss, ECF No. 14, is granted; 28 ///// Dockets.Justia.com 1 2 3. Plaintiff’s amended complaint, construed as a motion to amend, ECF No. 23, is denied; and 3 4. Plaintiff is granted thirty days from the date of this order to file an amended complaint 4 as provided in the magistrate judge’s July 3, 2014 findings and recommendations. The amended 5 complaint must bear the docket number assigned to this case and must be labeled as an 6 “Amended Complaint.” Failure to timely file an amended complaint may result in dismissal of 7 this action. 8 Dated: July 30, 2014 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
