Bank of New York Mellon v. Vega

Filing 5

SUA SPONTE ORDER REMANDING Action to Kern County Superior Court and Terminating Defendant's Motion to Proceed In Forma Pauperis, signed by District Judge Lawrence J. O'Neill on 6/25/15. Copy of remand order sent to Kern County Superior Court. CASE CLOSED.(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE BANK OF NEW YORK MELLON, AS
TRUSTEE FOR THE CERTIFICATE
HOLDERS OF THE CWABS, INC., ASSETBACKED CERTIFICATES, SERIES 2007-11,

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1:15-CV-896-LJO-JLT
SUA SPONTE ORDER REMANDING
ACTION TO KERN COUNTY
SUPERIOR COURT AND
TERMINATING DEFENDANT’S
MOTION TO PROCEED IN FORMA
PAUPERIS AS MOOT

Plaintiff,

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v.

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ARTURO VEGA,

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Defendant.
On June 17, 2015, the Magistrate Judge issued Findings and Recommendations (“the

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12 F&Rs”) that this action be remanded to the Superior Court of California for the County of Kern for lack
13 of federal subject matter jurisdiction. Doc. 4. In addition, the Magistrate Judge recommended that
14 Defendant’s motion to proceed in forma pauperis be terminated as moot. Id. at 5.
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The F&Rs were served on all parties appearing in this action and included notice that any

16 objections to the F&Rs were to be filed within fourteen court days of the date of service of the order. Id.
17 Fourteen days have not passed since the Magistrate Judge issued the F&Rs; however, the Court fully
18 agrees with and adopts the reasoning and conclusion of the F&Rs that this Court lacks jurisdiction over
19 the action, and waiting the extra time will do nothing to the absence of jurisdiction.
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Accordingly, for the reasons more thoroughly outlined in the F&Rs, the Court sua sponte

21 REMANDS this case to the Superior Court of California for the County of Kern. Defendant’s motion to
22 proceed in forma pauperis is DENIED AS MOOT. The Clerk of Court is directed to CLOSE this case.
23 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

June 25, 2015

UNITED STATES DISTRICT JUDGE
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