ASM Investment LLC v. Esparaza

Filing 11

ORDER GRANTING 3 REQUEST TO PROCEED IN IFP; ADOPTING MAGISTRATE JUDGE'S 5 REPORT AND RECOMMENDATION AND REMANDING CASE. The case shall be REMANDED to Contra Costa County Superior Court. Signed by Judge William H. Orrick on 08/24/2015. (jmdS, COURT STAFF) (Filed on 8/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ASM INVESTMENT LLC,

Case No. 15-cv-03134-WHO

Plaintiff,
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v.
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FRANCISCO ESPARAZA,
Defendant.

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ORDER GRANTING REQUEST TO
PROCEED IN IFP; ADOPTING
MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION AND
REMANDING CASE
Re: Dkt. Nos. 3, 5

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United States District Court
Northern District of California

Defendant Francisco Esparaza has filed an application to proceed in forma pauperis. Dkt.
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No. 3. I have reviewed that application and GRANT it.
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My next task is to examine the complaint, or in this case the notice of removal, to ensure
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that the action contains claims that can be pursued in this Court. 28 U.S.C. § 1915(e)(2)(B); see
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also Muhammad v. N. Richmond Senior Hous., Inc., 15-cv-00629-WHO, 2015 WL 1154209, at *2
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(N.D. Cal. Mar. 13, 2015) (granting IFP and remanding case), appeal dismissed (Apr. 13, 2015).
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Magistrate Judge Maria Elena James’s Report and Recommendation Re: Order for Clerk of Court
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to Reassign Case concluded that the complaint, which asserts only one state law claim for unlawful
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detainer, does not provide any grounds for removal. Dkt. No. 5. I have reviewed the complaint and

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Judge James’s recommendation. Her Report and Recommendation is correct, well-reasoned and
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thorough, and I adopt it in every respect. Accordingly, the Report and Recommendation is
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INCORPORATED by reference and ADOPTED in its entirety. This case shall be REMANDED
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to Contra Costa County Superior Court.
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IT IS SO ORDERED.
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Dated: August 24, 2015
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______________________________________
WILLIAM H. ORRICK
United States District Judge