Bordessa v. Broomfield

Filing 9

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; GRANTING DEFENDANT'S APPLICATION TO PROCEED IN FORMA PAUPERIS; REMANDING CASE TO STATE COURT; DENYING AS MOOT PLAINTIFF'S MOTION TO REMAND. Signed by Judge Maxine M. Chesney on 05/16/2018. (mmclc2, COURT STAFF) (Filed on 5/16/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JUSTIN M. BORDESSA,
Plaintiff,

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ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION; GRANTING
DEFENDANT’S APPLICATION TO
PROCEED IN FORMA PAUPERIS;
REMANDING CASE TO STATE
COURT; DENYING AS MOOT
PLAINTIFF’S MOTION TO REMAND

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Re: Dkt. Nos. 2, 5, 7

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United States District Court
Northern District of California

Case No. 18-cv-02153-MMC

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v.
DJANGO BROOMFIELD,
Defendant.

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Before the Court is Magistrate Judge Donna M. Ryu’s Report and

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Recommendation, filed April 26, 2018, by which said Magistrate Judge recommends the

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Court (1) grant defendant Django Broomfield’s (“Broomfield”) application to proceed in

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forma pauperis (“IFP”), filed April 11, 2018, (2) remand the above-titled action for lack of

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subject matter jurisdiction, and (3) deny as moot plaintiff Justin M. Bordessa’s

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(“Bordessa”) Motion to Remand, filed April 24, 2018. As Broomfield was served by mail

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with the Report and Recommendation on April 26, 2018, any objections thereto were

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required to be filed no later than May 14, 2018. See 28 U.S.C. § 636(b)(1); Fed. R. Civ.

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P. 6(d). No objection has been filed.

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Having reviewed the matter de novo, the Court hereby ADOPTS the Report and
Recommendation in its entirety.
Accordingly, Broomfield’s IFP application is hereby GRANTED, the above-titled

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

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Sonoma, and Bordessa’s Motion to Remand is hereby DENIED as moot.

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IT IS SO ORDERED.

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Dated: May 16, 2018
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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