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Tracy D. Lawson v. Citicorp Trust Bank

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 1, 2011

TRACY D. LAWSON, PLAINTIFF,
v.
CITICORP TRUST BANK, FSB, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

RESPONSE TO "REQUEST OF STATUS"

On November 22, 2011, plaintiff filed a document entitled "Petitioner's Request of Status" (Dkt. No. 32), which appears to seek a status update from the court regarding a motion for leave to amend that plaintiff filed on August 15, 2011 (Dkt. No. 27).*fn1 The court denied plaintiff's motion for leave to amend her complaint on August 23, 2011. (Minute Order, Aug. 23, 2011, Dkt. No. 29.) Noting that proposed findings and recommendations recommending the dismissal of plaintiff's entire action with prejudice had already been entered at the time plaintiff filed her motion for leave to amend, the court's order states:

In light of the pending findings and recommendations [Docket No. 25], plaintiff's motion to amend [Docket No. 27] is DENIED. If any of plaintiff's claims remain after resolution of the findings and recommendations by the district judge, plaintiff may re-file her motion to amend.

(Id.) Because the proposed findings and recommendations are still pending, there is no present need to revisit plaintiff's motion for leave to amend.


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