Beyer v. Mock et al

Filing 7

ORDER by Judge Edward M. Chen adopting 4 Report and Recommendation; and remanding to state court. (emclc2, COURT STAFF) (Filed on 8/23/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID L. BEYER,
Plaintiff,

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ORDER ADOPTING REPORT AND
RECOMMENDATION; AND
REMANDING TO STATE COURT

v.
EARL MOCK, et al.,

Docket No. 4

Defendants.

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For the Northern District of California

United States District Court

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Case No. 16-cv-04199-EMC

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Plaintiff David L. Beyer, Trustee, initiated this unlawful detainer action in state court

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against Defendants Earl Mock and Nick Jeck. Mr. Mock subsequently removed the case to federal

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court. Judge Westmore of this Court issued a report and recommendation (“R&R”) in which she

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concluded that subject matter jurisdiction was lacking over the case. The R&R was served on Mr.

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Mock but he did not file any objections.

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The Court has reviewed Judge Westmore’s R&R and finds it thorough, well reasoned, and

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correct. Accordingly, it adopts Judge Westmore’s R&R as the order of the Court. This action is

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REMANDED to the state court for further proceedings.

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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 No. 4.

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IT IS SO ORDERED.

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Dated: August 23, 2016
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EDWARD M. CHEN
United States District Judge