Abogado v. Engracia et al

Filing 7

ORDER by Judge Orrick ADOPTING REPORT AND RECOMMENDATION, DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS, AND REMANDING TO STATE COURT (COURT STAFF) (Filed on 10/27/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTONIO ABOGADO,

Case No. 15-cv-04326-WHO

Plaintiff,
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ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
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ROLANDO ENGRACIA, et al.,

Re: Dkt. Nos. 2, 4

Defendants.

United States District Court
Northern District of California

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This order concerns Magistrate Judge Elizabeth D. Laporte’s September 25, 2015 report

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and recommendation finding that this case was improperly removed from the Superior Court of

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California for the County of Alameda because the asserted federal question on which removal was

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based was not in fact included in plaintiffs’ well-pleaded complaint. Dkt. No. 4. The report and

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recommendation also finds that removal was improper because there is no indication in the notice

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of removal that all properly joined and served defendants have joined in removal, as required

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under 28 U.S.C. § 1446(b)(2)(A). Id.

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Judge Laporte recommends denying defendant Ronaldo Engracia’s application to proceed

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in forma pauperis – on the ground that his financial condition does not entitle him to such status –

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and remanding the case to state court. Id. No objections have been filed.

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Having reviewed the matter de novo, I ADOPT Judge Laporte’s report and

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recommendation in whole. For the reasons stated therein, Engracia’s application to proceed in

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forma pauperis is DENIED, and this case is REMANDED to Alameda County Superior Court.

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IT IS SO ORDERED.
Dated: October 27, 2015
______________________________________
WILLIAM H. ORRICK
United States District Judge