Federal Home Loan Mortgage Corporation v. Cartagenas, et al.

Filing 6

ORDER ADOPTING 5 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 1/15/13. 2 Motion to Proceed IFP and 3 Motion to Remand are DENIED as moot. Case SUMMARILY REMANDED to San Joaquin Superior Court. Copy of remand order sent to other court. CASE CLOSED. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FEDERAL HOME LOAN MORTGAGE
CORPORATION,

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Plaintiff,

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No. 2:12-cv-3050 GEB KJN PS

vs.
JOSEPH CARTAGENAS, et al.,

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Defendants.

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__________________________________/

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ORDER

On December 21, 2012, the magistrate judge filed findings and recommendations

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(dkt. no. 5) which were served on the parties and which contained notice that any objections to

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the findings and recommendations were to be filed within fourteen (14) days. No objections

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were filed.

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

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

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

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1983).

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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly,
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IT IS HEREBY ORDERED that:

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1. The findings and recommendations (dkt. no. 5) are ADOPTED;

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2. The action is SUMMARILY REMANDED to the San Joaquin County

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Superior Court;

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3. The Clerk of Court is directed to serve a certified copy of this order on the

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Clerk of the San Joaquin County Superior Court, and reference the state case number (39-2012-

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00285497-CL-UD-STK) in the proof of service;

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4. Defendants’ request to proceed in forma pauperis (dkt. no. 2) is DENIED AS
MOOT;

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5. Plaintiff’s motion to remand (dkt. no. 3) is DENIED AS MOOT; and

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6. The Clerk of Court is directed to close this case and vacate all dates.

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Dated: January 15, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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