(PS) Harris v. New Rez, LLC et al

Filing 35

ORDER signed by Chief District Judge Kimberly J. Mueller on 7/15/2021 ADOPTING 25 Findings and Recommendations in full; GRANTING 12 Motion to Dismiss and DISMISSING plaintiff's federal claims without leave to amend; REMANDING CASE to Solano County Superior Court; and DENYING AS MOOT 21 Request to Withdraw Consent. Certified copy of remand order sent to other court. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR HARRIS,

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No. 2:21-cv-636 KJM CKD PS

Plaintiff,
v.

ORDER

NEW REZ. LLC, et al.,

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Defendants.

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On June 3, 2021, the magistrate judge filed findings and recommendations, which were

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

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recommendations were to be filed within fourteen days. ECF No. 25. Plaintiff has filed

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objections. ECF Nos. 27, 28, 30, 32, 33. Defendant filed a response to plaintiff’s objections and

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plaintiff filed a reply. ECF No. 31, 34.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by the proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED:

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1. The findings and recommendations, ECF No. 25, are adopted in full;

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2. Defendant’s motion to dismiss, ECF No. 12, is granted and plaintiff’s federal claims are

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dismissed without leave to amend;
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3. This case is remanded to the Superior Court of California, County of Solano;

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4. Plaintiff’s request to withdraw consent, ECF No. 21, is denied as moot; and

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5. The Clerk’s Office is directed to close this case.

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DATED: July 15, 2021.

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