US Bank National Association v. Gonzales
Filing
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ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS signed by District Judge Kimberly J. Mueller on 8/2/2011 DENYING 13 Motion to Dismiss; GRANTING 4 Motion to Remand, CASE REMANDED to Superior Court of the State of California, County of Sacramento. Copy of remand order sent to other court. CASE CLOSED. (Michel, G)
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IN THE 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 THE LXS 2006-16N
TRUST FUND,
Plaintiff,
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No. CIV-S-10-2736 KJM KJN PS
vs.
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MARLENE GONZALES, et al.,
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Defendants.
__________________________________/
ORDER
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This is an action removed from state court by defendant, who is proceeding in pro
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per. On March 23, 2011, the magistrate judge filed findings and recommendations, which were
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served on the parties and which contained notice that any objections to the findings and
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recommendations were to be filed within fourteen days. No objections were filed.
The court thus presumes that any findings of fact are correct. See Orand v.
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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are
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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
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1983). Having carefully reviewed the file, the court finds the findings and recommendations to
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be supported by the record and by the proper analysis.
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/////
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Accordingly, IT IS ORDERED that:
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1. The Proposed Findings and Recommendations filed March 23, 2001, are
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ADOPTED;
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2. Plaintiff’s motion to dismiss (ECF No. 13) is DENIED; and
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3. Plaintiff’s motion to remand (ECF No. 4) is GRANTED and this entire case is
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REMANDED to the Superior Court of the State of California, County of Sacramento.
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DATED: August 2, 2011.
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UNITED STATES DISTRICT JUDGE
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usbank2736.jo
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