Eagle Vista Equities, LLC v. Santiago

Filing 8

ORDER by Judge Edward M. Chen adopting Report and Recommendations as to 4 Report and Recommendations.; finding as moot 2 Defendant's Motion for Leave to Proceed in forma pauperis (emclc2, COURT STAFF) (Filed on 10/14/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EAGLE VISTA EQUITIES, LLC,
Plaintiff,

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WILSON C. SANTIAGO,

Docket Nos. 2, 4

Defendant.

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For the Northern District of California

United States District Court

ORDER ADOPTING REPORT &
RECOMMENDATION

v.

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Case No. 15-cv-04143-EMC

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Plaintiff Eagle Vista Equities, LLC initiated this unlawful detainer action against

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Defendant Wilson C. Santiago in state court. Mr. Santiago removed the case to federal court and

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filed an application for leave to proceed in forma pauperis (“IFP”). Judge James of this Court

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issued a report and recommendation (“R&R”) in which she concluded that subject matter

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jurisdiction was lacking over the case.
The Court has reviewed Judge James’s R&R and finds it thorough, well reasoned, and

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correct. Accordingly, it adopts Judge James’s R&R as the order of the Court.

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As for the pending application to proceed IFP, the Court deems it moot in light of the lack

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of subject matter jurisdiction. The Court also notes that the application was not fully completed.

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See, e.g., Docket No. 2 (App. at 3) (indicating that Mr. Santiago owns or is buying a home but not

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listing its estimated market value of the amount of mortgage).

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The Clerk of the Court is instructed to close the file in this case.

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This order disposes of Docket Nos. 2 and 4.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: October 14, 2015
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EDWARD M. CHEN
United States District Judge

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