Federal National Mortgage Association v. Lozano et al

Filing 6

ORDER adopting 4 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 8/28/12: 3 Motion to Remand is granted. CASE REMANDED to Superior Court of California, County of San Joaquin. Plaintiff's request for attorney's fees and costs is denied. The Clerk of Court shall close this file and vacate all dates. Copy of remand order sent. CASE CLOSED. (Kaminski, H)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

11
Plaintiff,

No. CIV-S-12-0877-JAM-KJN-PS

12
vs.
13
JUAN LOZANO, et al.,
14
15

Defendants.
__________________________________/

16

ORDER

On June 27, 2012, the magistrate judge filed findings and recommendations herein which

17

were served on the parties and which contained notice that any objections to the findings and

18

recommendations were to be filed within fourteen days. No objections were filed.

19

Accordingly, the court presumes that any findings of fact are correct. See Orand v.

20

United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

21

reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

22

1983).

23
24

The court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full.

25

Accordingly, IT IS ORDERED that:

26

1. The Proposed Findings and Recommendations filed June 27, 2012, are ADOPTED;
1

1
2

2. Plaintiff’s motion to remand (Dkt No. 3) is granted and this matter is remanded to the
Superior Court of California, County of San Joaquin;

3

3. Plaintiff’s request for attorney’s fees and costs is denied; and

4

4. The Clerk of Court shall close this file and vacate all dates.

5

DATED: August 28, 2012

6

/s/ John A. Mendez

7

UNITED STATES DISTRICT COURT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2