Federal National Mortgage Association v. Jaime et al

Filing 14

ORDER REGARDING REPORT AND RECOMMENDATION. Signed by Judge Jeffrey S. White on 10/22/12. (jjoS, COURT STAFF) (Filed on 10/22/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

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No. C 12-04496 JSW

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v.
For the Northern District of California

United States District Court

Plaintiff,
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ORDER REGARDING REPORT
AND RECOMMENDATION

DORIS JAIME, et al.,
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Defendants.
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The Court has reviewed Magistrate Judge Donna M. Rye’s Report and Recommendation

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(“Report”) regarding Defendants’ application to proceed in forma pauperis and to remand this

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action. The time for filing objections has passed, and there have been no objections filed

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thereto. With respect to the recommendation to remand this action, the Court finds the Report

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correct, well-reasoned and thorough, and adopts it in every respect. Accordingly, this matter is

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REMANDED to the Superior Court of the State of California for the County of Yolo. The

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Clerk is directed to remand this action forthwith.
However, the Court does not adopt the recommendation with respect to the in forma

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pauperis applications pursuant to 28 U.S.C. § 1915 (“IFP”). Despite the finding that

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Defendants meet the economic eligibility requirements, the district court may deny IFP status if

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federal subject matter jurisdiction is lacking or if the complaint is frivolous. 28 U.S.C. §

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1915(e)(2)(B). “[A]ny civil action brought in a State court of which the district courts of the

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United States have original jurisdiction, may be removed by the defendant ... to the district
court

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of the United States for the district and division embracing the place where such action is

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pending.” Franchise Tax Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 7-8 (1983)

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(citation omitted); see also 28 U.S.C. § 1441. Because, as noted above, the Court lacks federal

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subject matter jurisdiction, the Court denies the IFP application.

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IT IS SO ORDERED.

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Dated: October 22, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

Case Number: CV12-04496 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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DORIS JAIME et al,
Defendant.

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For the Northern District of California

United States District Court

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v.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on October 22, 2012, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.

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Amanda Franco
Cesar Franco
1834 Hardy Drive
Woodland, CA 95776

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Dated: October 22, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk