(PS) Mehl v. Wells Fargo Home Mortgage, LLC et al, No. 2:2017cv01099 - Document 32 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 6/5/2018 ADOPTING 29 Findings and Recommendations in full; DENYING 15 Motion to Remand; and GRANTING 3 Motion to Dismiss as follows: Plaintiffs claims 1, 2, 5, 8, 9, 10, 11, 12, 13 are DISMISSED with prejudice and Claims 3, 4, 6 and 7 are DISMISSED with leave to amend. (Hunt, G)

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(PS) Mehl v. Wells Fargo Home Mortgage, LLC et al Doc. 32 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MEHL, 12 13 14 15 No. 2:17-cv-1099 JAM AC PS Plaintiff, v. ORDER WELLS FARGO HOME MORTGAGE LLC, et al., Defendants. 16 17 18 19 20 Plaintiff is proceeding in this action in pro se. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On March 19, 2018, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty one days. ECF No. 29. On 23 April 9, 2018 plaintiff filed objections to the findings and recommendations. ECF No. 30. 24 Defendants filed a response to the objections on April 12, 2018. ECF No. 31. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 3, 2018, are adopted in full; 3 2. Plaintiff’s Motion to Remand (ECF No. 15) is DENIED; 4 3. Defendants’ Motion to Dismiss (ECF. No. 3) is granted as follows: 5 a. Plaintiff’s claims 1, 2, 5, 8, 9, 10, 11, 12, 13 are dismissed with prejudice; 6 and 7 b. Claims 3, 4, 6 and 7 are dismissed with leave to amend. 8 9 10 11 DATED: June 5, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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