Bank of America, N.A. v. Whitney et al

Filing 16

ORDER signed by District Judge Lawrence J. O'Neill on 12/10/2014 adopting 15 FINDINGS AND RECOMMENDATIONS and REMANDING CASE to Fresno County Superior Court re 6 . Certified Copy of remand order sent to other court. CASE CLOSED. (Lundstrom, T)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8
9

BANK OF AMERICA, N.A.,

10
11
12
13
14

Plaintiff,
v.
LARRY WHITNEY AND
JOYCE L. WHITNEY,
Defendants.

Case No. 1:14-cv-01086-LJO-SMS
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
REMAND OF CASE TO STATE COURT

(Docs. 6 and 15)

15
16
17
18
19

On September 30, 2014, Plaintiff Bank of America moved to remand this unlawful detainer
action to Fresno County Superior Court, from which Defendants Larry Whitney and Joyce L.
Whitney removed it. The matter was referred to the Magistrate Judge, pursuant to 28 U.S.C. §
636(b) and Local Rules 302 and 304.

20
21
22

On November 6, 2014, the Magistrate Judge filed findings and recommendations
recommending that the case be remanded to the Superior Court of California, Fresno County.

23

Although the findings and recommendations provided thirty days for the filing of objections,

24

neither party has filed objections.

25
26
27
28

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has reviewed the
case de novo. Having carefully reviewed the entire file and applicable law, the Court finds the
findings and recommendations to be supported by the record and proper analysis.
1

1

Accordingly, the findings and recommendations, filed June 27, 2014, are hereby

2

ORDERED adopted in full and the above-captioned case is hereby REMANDED to the Superior

3

Court of California, Fresno County. The Clerk of Court is directed to close the case.

4

SO ORDERED
Dated: December 10, 2014

5

/s/ Lawrence J. O’Neill
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2