US Bank National Association, v. Sosa

Filing 4

ORDER Adopting In Full The Findings And Recommendations Remanding The Matter To Kern County Superior Court, signed by District Judge Anthony W. Ishii on 4/15/2015. REMANDING CASE to Superior Court of Kern County. Copy of remand order sent to Superior Court of California, County of Kern, 1215 Truxtun Avenue, Bakersfield, CA 93301. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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U.S. BANK NATIONAL ASSOCIATION,

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Plaintiff,

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v.

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SANDRA SOSA,

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Defendant.

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Case No.: 1:15-cv-00443- AWI - JLT
ORDER ADOPTING IN FULL THE FINDINGS
AND RECOMMENDATIONS REMANDING THE
MATTER TO KERN COUNTY SUPERIOR
COURT

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Defendant Sandra Sosa seeks the removal of the unlawful detainer action initiated by U.S. Bank

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National Association, in Kern County Superior Court Case No. S-1500-CL-289060. (Doc. 1.) Because

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an action for unlawful detainer arises under California law, the Magistrate Judge found the Court lacks

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subject matter jurisdiction over the complaint and recommended the action be remanded to the Kern

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County Superior Court on March 26, 2015. (Doc. 3.) Plaintiff was given fourteen days to file any

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objections to the recommendation. (Id. at 4.) In addition, she was “advised that failure to file objections

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within the specified time may waive the right to appeal the District Court’s order.” (Id., citing Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991)). To date, no objections have been filed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United

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School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case.

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Having carefully reviewed the file, the Court finds the Findings and Recommendations are supported

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by the record and proper analysis.
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Based upon the foregoing, IT IS HEREBY ORDERED:

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The Findings and Recommendations filed March 26, 2015 (Doc. 3) are ADOPTED IN
FULL;

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The matter is REMANDED to the Superior Court of Kern County; and

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3.

The Clerk of Court is DIRECTED to close this action, because this Order terminates

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the matter in its entirety.

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IT IS SO ORDERED.

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Dated: April 15, 2015

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SENIOR DISTRICT JUDGE

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