Tillman v. Archie
Filing
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ORDER by Judge ARMSTRONG adopting Report and Recommendations as to 10 Report and Recommendations. (lrc, COURT STAFF) (Filed on 4/22/2013)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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TINA TILLMAN,
Case No: C 13-00359 SBA
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Plaintiff,
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ORDER ACCEPTING REPORT
AND RECOMMENDATION
vs.
Docket 10
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DARRYL ARCHIE,
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Defendant.
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On March 25, 2013, Magistrate Judge Jacqueline Scott Corley ("the Magistrate")
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issued a Report and Recommendation in which she recommends that this action be
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dismissed for lack of subject matter jurisdiction. Dkt. 10. The Report and
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Recommendation states that "[a]s Plaintiff has neither consented to nor declined the
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undersigned magistrate judge's jurisdiction, the Clerk of the Court is ordered to reassign
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this action to a district court judge." Id. On March 26, 2013, this case was reassigned to
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the undersigned. Dkt. 11.
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Any objections to the Magistrate's Report and Recommendation were required to be
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filed within fourteen days of service thereof. Fed.R.Civ.P. 72(b)(2); 28 U.S.C. §
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636(b)(1)(C). The district court must "make a de novo determination of those portions of
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the report or specified proposed findings or recommendations to which objection is made,"
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and "may accept, reject, or modify, in whole or in part, the findings or recommendations
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made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C).
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The deadline to object to the Report and Recommendation was April 8, 2013. See
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Fed.R.Civ.P. 6(a)(1); Fed.R.Civ.P. 72(b)(2); 28 U.S.C. § 636(b)(1)(C). To date, no
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objections have been filed. In the absence of a timely objection, the Court "need only
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satisfy itself that there is no clear error on the face of the record in order to accept the
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recommendation." Fed.R.Civ.P. 72, Advisory Committee Notes (1983) (citing Campbell v.
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U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Reyna-Tapia,
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328 F.3d 1114, 1121 (9th Cir. 2003) ("The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear
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that the district judge must review the magistrate judge's findings and recommendations de
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novo if [an] objection is made, but not otherwise.") (en banc). The Court has reviewed the
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record on its face and finds no clear error. Accordingly,
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IT IS HEREBY ORDERED THAT the Magistrate's Report and Recommendation
(Dkt. 10) is ACCEPTED and shall become the Order of this Court. This action is
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DISMISSED for lack of subject matter jurisdiction. The Clerk shall close the file and
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terminate any pending matters.
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IT IS SO ORDERED.
Dated: 4/22/13
_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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TINA TILLMAN et al,
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Plaintiff,
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v.
DARRYL ARCHIE et al,
Defendant.
/
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Case Number: CV13-00359 SBA
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CERTIFICATE OF SERVICE
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on April 22, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
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Tina Tillman
1502 Bissell Ave
Richmond, CA 94801
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Dated: April 22, 2013
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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk-
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