You Never Know, LLC v. Vanderbeck et al

Filing 7

ORDER signed by Judge Frank C. Damrell, Jr on 7/18/11 ORDERING that the findings and recommendations 6 are adopted in full; Defendant Vanderbeck's motion to proceed in forma pauperis 2 is denied; Plaintiff's motion to remand and request for fees and costs 3 is denied as moot; and this action is summarily remanded to the Superior Court of California, County of Placer, and the Clerk of the Court shall close this case. Copy of remand order sent to Placer County Court. CASE CLOSED. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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YOU NEVER KNOW, LLC,
Plaintiff,

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No. CIV S-11-1263 FCD DAD PS

v.

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RICHARD SHEILS, et al.,

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Defendants.

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ORDER
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Defendant Ron Vanderbeck, who is proceeding pro se in the above-entitled

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unlawful detainer action, filed a notice of removal from Placer County Superior Court, along

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with an application for leave to proceed in forma pauperis. The matter was referred to a United

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States Magistrate Judge pursuant to Local Rule 302(c)(21).

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On June 22, 2011, the magistrate judge filed findings and recommendations

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herein which were served on plaintiff and on defendant Ron Vanderbeck, and which contained

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notice to the parties that any objections to the findings and recommendations were to be filed

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within fourteen days after service of the findings and recommendations. The fourteen-day

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period has expired, and no party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 22, 2011 (Doc. No. 6) are

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adopted in full;

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2. Defendant Vanderbeck’s motion to proceed in forma pauperis (Doc. No. 2) is
denied;
3. Plaintiff’s motion to remand and request for fees and costs (Doc. No. 3) is
denied as moot; and
4. This action is summarily remanded to the Superior Court of California, County
of Placer, and the Clerk of the Court shall close this case.
DATED: July 18, 2011.

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_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE

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