Haw v. Howard

Filing 10

ORDER REMANDING ACTION TO ALAMEDA COUNTY SUPERIOR COURT 3 (Illston, Susan) (Filed on 12/13/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEFFREY HAW,

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United States District Court
For the Northern District of California

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No. C 12-5167 SI

Plaintiff,

ORDER REMANDING ACTION TO
ALAMEDA COUNTY SUPERIOR
COURT

v.
JOHN HOWARD,

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Defendant.

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On August 30, 2012, plaintiff Jeffrey Haw filed a case in Alameda County Superior Court

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against defendant John Howard for unlawful detainer. On September 4, 2012, defendant filed a notice

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of removal to this Court, asserting federal subject matter jurisdiction under 28 U.S.C. § 1331, because

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the action allegedly arises under 28 U.S.C. § 1655, 42 U.S.C. §§ 12181-89, and 11 U.S.C. § 1983. On

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October 30, 2012, plaintiff filed a motion to remand to case to the Alameda County Superior Court.

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On November 27, 2012, Magistrate Judge Cousins filed a Report and Recommendation

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recommending that the Court grant defendant’s motion to remand. The Court has reviewed the Report

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and Recommendation, the complaint, and the motion to remand, and concludes that the case should be

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remanded for the reasons set forth in the Report and Recommendation. Accordingly, the Court

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ADOPTS the Report and Recommendation and REMANDS the case to the Alameda County Superior

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Court.

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IT IS SO ORDERED.

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Dated: December 13, 2012
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SUSAN ILLSTON
United States District Judge