Higareda, et al v. Option One Mortgage, et al
Filing
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ORDER adopting in full 20 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 12/19/11. This action is REMANDED to Superior Court of CA, County of Sacramento. Defendants' 11 , 14 motions to dismiss are DENIED as moot. Copy of remand order sent to other court. CASE CLOSED (Kastilahn, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ISMAEL HIGAREDA and
VICTORIA PRECIADO,
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Plaintiffs,
No. CIV S-11-1473 KJM DAD PS
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v.
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OPTION ONE MORTGAGE
CORPORATION, et al.,
Defendants.
ORDER
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Plaintiffs are proceeding pro se with the above-entitled action. The matter was
referred to a United States Magistrate Judge under Local Rule 302.
On September 13, 2011, the magistrate judge filed findings and
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recommendations, which were served on all parties and which contained notice to all parties that
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any objections to the findings and recommendations were to be filed within fourteen days after
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service of the findings and recommendations. The fourteen-day period has expired, and no party
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has filed objections to the findings and recommendations.
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The court presumes that any findings of fact are correct. See Orand v. United
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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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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed September 13, 2011 (ECF No. 20) are
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adopted in full;
2. This action is summarily remanded to the Superior Court of California, County
of Sacramento for lack of federal question jurisdiction over plaintiffs’ claims;
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3. Defendants’ motions to dismiss (ECF Nos. 11 and 14) are denied as moot; and
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4. The Clerk is directed to close this case.
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DATED: December 19, 2011.
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UNITED STATES DISTRICT JUDGE
/higareda-preciado1473.jo
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