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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CREDIT SUISSE
FIRST BOSTON MORTGAGE
SECURITIES CORP, CSMC
MORTGAGE-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2007-4,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO REMAND
CASE TO CALVERAS COUNTY
SUPERIOR COURT

Plaintiffs,

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Case No. 1: 14-cv-1538-JAM-BAM

v.
MARK BELLINGER,
Defendant.

/

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Defendant Mark Bellinger (“Defendant”), proceeding pro se, removed this action from

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Calaveras County Superior Court on September 2, 2014. (Doc. 1.) The underlying complaint is an

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unlawful detainer action filed by Plaintiff (“Plaintiff”). Id.

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On October 2, 2014, United States Magistrate Judge Barbara A. McAuliffe, issued Findings

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and Recommendations recommending this case be remanded to the Calaveras County Superior Court

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for want for subject matter jurisdiction. (Doc. 9.) The Findings and Recommendations were served on

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the parties and contained notice to the parties that any objections to the Findings and

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Recommendations were to be filed within fourteen days of service of the Findings and

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Recommendations. (Doc. 8, 5: 28.) The parties have not filed timely objections to the Findings and

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Recommendations.

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In accordance with the provisions of Title 28 of the United States Code section 636(b)(1)(c),

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this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the

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Court finds that the Findings and Recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed October 2, 2014, are adopted in full;

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This case is hereby REMANDED to the Calaveras County Superior Court.

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DATED: November 7, 2014

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/s/ John A. Mendez_________________________

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UNITED STATES DISTRICT COURT JUDGE

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