Ariza v. Skinner

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION; REMANDING ACTION TO STATE COURT; GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS. Signed by Judge Maxine M. Chesney on March 9, 2017. (mmclc1, COURT STAFF) (Filed on 3/9/2017) (Additional attachment(s) added on 3/9/2017: # 1 Certificate/Proof of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EFRAIN ARIZA,
Plaintiff,

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United States District Court
Northern District of California

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v.
MARTHA SUE SKINNER,

Case No. 17-cv-00546-MMC
ORDER ADOPTING REPORT AND
RECOMMENDATION; REMANDING
ACTION TO STATE COURT;
GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

Defendant.

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Before the Court is a Report and Recommendation, filed February 16, 2017, in

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which Magistrate Judge Donna M. Ryu recommends that the Court remand the above-

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titled action to state court, for lack of subject matter jurisdiction. No party has filed an

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objection or other response to the Report and Recommendation. Having read and

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considered the Report and Recommendation, and having considered the matter de novo,

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the Court rules as follows:

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1. As it appears defendant lacks the financial resources to pay the filing fee,
defendant's application to proceed in forma pauperis is hereby GRANTED.
2. For the reasons stated in the Report and Recommendation, the Court finds it

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lacks subject matter jurisdiction over the complaint, and, accordingly, the above-titled

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action is hereby REMANDED to the Superior Court of the State of California, in and for

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the County of Marin.

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IT IS SO ORDERED.

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Dated: March 9, 2017
MAXINE M. CHESNEY
United States District Judge