Weng v. Clark

Filing 17

ORDER ADOPTING 6 REPORT AND RECOMMENDATION AND REMANDING CASE. The case is remanded to Contra Costa County Superior Court for lack of jurisdiction. Signed by Judge William H. Orrick on 11/27/2017. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 11/27/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SHAWN WENG, 7 Plaintiff, 8 v. 9 PAULA CLARK, 10 ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE Defendant. 11 United States District Court Northern District of California Case No. 17-cv-05955-WHO 12 On October 24, 2017, Magistrate Judge Elizabeth D. Laporte granted defendant’s 13 14 application to proceed in forma pauperis and issued a Report and Recommendation 15 recommending that this unlawful detainer case be remanded to Contra Costa County Superior 16 Court for lack of jurisdiction. Dkt. No. 6. Objections to Judge Laporte’s recommendation were due by November 7, 2017. Federal 17 18 Rule of Civil Procedure 72(b); Civ. Local Rule 72-3. As of today’s date, no objections have been 19 filed.1 Having reviewed the Report and Recommendation, as well as the record in this case, I 20 ADOPT Judge Laporte’s Report and Recommendation in full. This case is REMANDED to 21 Contra Costa County Superior Court for lack of jurisdiction. IT IS SO ORDERED. 22 23 Dated: November 27, 2017 24 25 William H. Orrick United States District Judge 26 27 1 28 Plaintiff Weng filed a motion to remand on November 22, 2017. Dkt. No. 12. That motion seeks remand for the same reasons given by Judge Laporte in her Report and Recommendation.

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