US Bank National Association as Trustee for CMLIT 2007-ARB et al -v- Robles

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION REMANDING ACTION TO STATE COURT AND GRANTING IN FORMA PAUPERIS by Judge Alsup adopting Report and Recommendations as to 6 Report and Recommendations.; granting 2 Motion for Leave to Proceed in forma pauperis (whalc2, COURT STAFF) (Filed on 12/21/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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UNITED STATES BANK, N.A.,

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For the Northern District of California

United States District Court

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No. C 11-05476 WHA

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION
REMANDING ACTION TO
STATE COURT AND GRANTING
IN FORMA PAUPERIS

MANUEL ROBLES,
Defendant.
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The undersigned has reviewed Magistrate Judge Maria-Elena James’ report and

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recommendation regarding defendant Manual Robles’ notice of removal filed in this unlawful

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detainer action. No objection was made to the report. As discussed in detail in the report, the

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complaint presents no federal question whatsoever and the requirements of diversity are not met

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because the complaint states the amount in controversy does not exceed $10,000. On December

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1, 2011, Magistrate Judge James issued an order to show cause why the case should not be

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remanded to the Superior Court of California, County of Alameda, for lack of subject-matter

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jurisdiction. Defendant failed to respond. This order ADOPTS in full the report and

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recommendation of Magistrate Judge James to remand this action sua sponte to state court.

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Defendant Maunel Robles has submitted an application to proceed in forma pauperis (Dkt.

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No. 2). Pursuant to 28 U.S.C. 1915(a), a court may authorize a party to pursue an action in

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federal court without prepayment of fees or security if the party submits an affidavit showing that

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it is unable to pay such fee or provide security. Having reviewed defendant’s application to
proceed in forma pauperis, it appears he is unable to pay the required fee.

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Based on the foregoing, the undersigned GRANTS the application to proceed in forma

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pauperis but REMANDS this action to the Superior Court of California, County of Alameda, for

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lack of subject-matter jurisdiction.

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IT IS SO ORDERED.

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Dated: December 21, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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