MTGLQ Investors, L.P. v. Campbell, et al.

Filing 16

ORDER signed by District Judge Kimberly J. Mueller on 6/3/16 ORDERING the findings and recommendations filed 3/3/16 (ECF No. 12 ) are adopted in full; Plaintiff's Motion to Remand (ECF No. 4 ) is granted; This action is remanded to state c ourt under 28 U.S.C. § 1447(c), for lack of federal jurisdiction; The IFP application (ECF No. 2 ) is denied as moot; and Plaintiff's pending motion to remand the case to state court (ECF No. 14 ) also is denied as moot. CASE CLOSED. (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MTGLQ Investors, L.P., 12 13 14 15 16 No. 2:15-cv-2317 KJM AC (PS) Plaintiff, v. ORDER RICHARD CAMPBELL, STEPHANIE CAMPBELL, STEPHEN HARMON, and DOES 1-5, Defendants. 17 18 19 20 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge by E.D. Cal. R. 302(c)(21). On March 3, 2016, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within twenty-one days. ECF No. 12. Neither party has 23 filed objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 3, 2016 (ECF No. 12) are adopted in 3 full; 4 2. Plaintiff’s Motion to Remand (ECF No. 4) is granted; 5 3. This action is remanded to state court under 28 U.S.C. § 1447(c), for lack of federal 6 jurisdiction; 7 4. The IFP application (ECF No. 2) is denied as moot; and 8 5. Plaintiff’s pending motion to remand the case to state court (ECF No. 14) also is 9 10 denied as moot. DATED: June 3, 2016. 11 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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