Vasona Management, Inc. v. Hall

Filing 13

ORDER RE: MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS; REMANDING ACTION TO STATE COURT Signed by Judge Maxine M. Chesney on December 29, 2014. Having considered defendants application t o proceed in forma pauperis, the Court finds defendant sufficiently sets forth therein her financial inability to proceed without the payment of fees. Accordingly, defendants application is granted. For the reasons stated in the Report and Recommendation, the Court finds it lacks subject matter jurisdiction over the action. Accordingly, the action is remanded to the Superior Court of California, in and for the County of Alameda. (mmclc2, COURT STAFF) (Filed on 12/29/2014)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8

Plaintiff,

For the Northern District of California

United States District Court

9
10
11
12

No. C 14-5265 MMC

VASONA MANAGEMENT, INC.,

ORDER RE: MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION;
GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS;
REMANDING ACTION TO STATE
COURT

v.
SHARON HALL,
Defendant.

/

13
14

Before the Court is Magistrate Judge Kandis A. Westmore’s Report and

15

Recommendation, filed December 9, 2014, by which Magistrate Judge Westmore

16

recommends the Court deny defendant’s application to proceed in forma pauperis and that

17

the above-referenced case be remanded. No objections to the Report and

18

Recommendation have been filed. Having reviewed the matter de novo, the Court hereby

19

rules as follows.

20

1. Having considered defendant’s application to proceed in forma pauperis, the

21

Court finds defendant sufficiently sets forth therein her financial inability to proceed without

22

the payment of fees. Accordingly, defendant’s application is GRANTED.

23

2. For the reasons stated in the Report and Recommendation, the Court finds it

24

lacks subject matter jurisdiction over the action. Accordingly, the action is REMANDED to

25

the Superior Court of California, in and for the County of Alameda.

26

IT IS SO ORDERED.

27
28

Dated: December 29, 2014
MAXINE M. CHESNEY
United States District Judge