Haw v. Howard

Filing 10


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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 JEFFREY HAW, 9 United States District Court For the Northern District of California 10 11 No. C 12-5167 SI Plaintiff, ORDER REMANDING ACTION TO ALAMEDA COUNTY SUPERIOR COURT v. JOHN HOWARD, 12 Defendant. / 13 14 On August 30, 2012, plaintiff Jeffrey Haw filed a case in Alameda County Superior Court 15 against defendant John Howard for unlawful detainer. On September 4, 2012, defendant filed a notice 16 of removal to this Court, asserting federal subject matter jurisdiction under 28 U.S.C. § 1331, because 17 the action allegedly arises under 28 U.S.C. § 1655, 42 U.S.C. §§ 12181-89, and 11 U.S.C. § 1983. On 18 October 30, 2012, plaintiff filed a motion to remand to case to the Alameda County Superior Court. 19 On November 27, 2012, Magistrate Judge Cousins filed a Report and Recommendation 20 recommending that the Court grant defendant’s motion to remand. The Court has reviewed the Report 21 and Recommendation, the complaint, and the motion to remand, and concludes that the case should be 22 remanded for the reasons set forth in the Report and Recommendation. Accordingly, the Court 23 ADOPTS the Report and Recommendation and REMANDS the case to the Alameda County Superior 24 Court. 25 IT IS SO ORDERED. 26 Dated: December 13, 2012 27 28 SUSAN ILLSTON United States District Judge

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