(PS) Khan v. U.S. Bank National Association et al, No. 2:2013cv02596 - Document 37 (E.D. Cal. 2015)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/18/15 ORDERING that this action is stayed pending resolution by the District Judge of these findings and recommendations. RECOMMENDING that the third amended complaint be dismissed and this action be closed. F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KHALID N. KHAN, 12 Plaintiff, 13 14 15 No. 2:13-cv-2596 KJM CKD PS v. ORDER AND FINDINGS AND RECOMMENDATIONS U.S. BANK NATIONAL ASSOCIATION, et al., Defendants. 16 17 This matter has been referred to the undersigned for further proceedings in light of 18 19 plaintiff’s third amended complaint. Upon review of the docket, THE COURT FINDS AS 20 FOLLOWS: 21 The District Court adopted the recommendation that the action be dismissed for plaintiff’s 22 lack of standing. The third amended complaint alleges no claims that are not barred by plaintiff’s 23 lack of standing. Accordingly, for the reasons set forth in the prior findings and 24 recommendations filed March 25, 2015 (ECF No. 31), the court will recommend that the third 25 amended complaint be dismissed for plaintiff’s lack of standing. Accordingly, IT IS HEREBY ORDERED THAT this action is stayed pending resolution 26 27 by the District Judge of these findings and recommendations; and 28 ///// 1 1 IT IS HEREBY RECOMMENDED that: 2 1. The third amended complaint be dismissed; and 3 2. This action be closed. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 10 Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: August 18, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 4 khan2596.ubfr.bk 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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