U.S. Bank National Association vs. Bellinger

Filing 12

ORDER ADOPTING 9 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 11/7/14. CASE REMANDED to Calaveras County Superior Court. Copy of remand order sent to other court. (Manzer, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP, CSMC MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-4, 14 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO REMAND CASE TO CALVERAS COUNTY SUPERIOR COURT Plaintiffs, 12 13 Case No. 1: 14-cv-1538-JAM-BAM v. MARK BELLINGER, Defendant. / 16 17 Defendant Mark Bellinger (“Defendant”), proceeding pro se, removed this action from 18 Calaveras County Superior Court on September 2, 2014. (Doc. 1.) The underlying complaint is an 19 unlawful detainer action filed by Plaintiff (“Plaintiff”). Id. 20 On October 2, 2014, United States Magistrate Judge Barbara A. McAuliffe, issued Findings 21 and Recommendations recommending this case be remanded to the Calaveras County Superior Court 22 for want for subject matter jurisdiction. (Doc. 9.) The Findings and Recommendations were served on 23 the parties and contained notice to the parties that any objections to the Findings and 24 Recommendations were to be filed within fourteen days of service of the Findings and 25 Recommendations. (Doc. 8, 5: 28.) The parties have not filed timely objections to the Findings and 26 Recommendations. 27 28 1 1 In accordance with the provisions of Title 28 of the United States Code section 636(b)(1)(c), 2 this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the 3 Court finds that the Findings and Recommendations are supported by the record and proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations, filed October 2, 2014, are adopted in full; 6 2. This case is hereby REMANDED to the Calaveras County Superior Court. 7 DATED: November 7, 2014 8 /s/ John A. Mendez_________________________ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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