Mora et al v. McManahan et al

Filing 15

ORDER re 14 Request for Summons to Issue filed by Bernabe Mora. Signed by Judge Lucy H. Koh on July 29, 2013. (lhklc2, COURT STAFF) (Filed on 7/29/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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BERNABE MORA; STEVEN MORA,
Plaintiff,
v.

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RICHARD MCMANAHAN; COLDWELL
BANKER; ALEX BALONI; QUALITY
LOANS; LITTON; NEW CENTURY; ALL
PERSON CLAIMING LEGAL ABILITY;
DOES 1-30; NEW CENTURY MORTGAGE
CORPORATION; GAY DALES INC
REALTORS; ROY C. GUNTER III,
Defendants.

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Case No.: 13-CV-01528
ORDER RE: REQUEST FOR
SUMMONS TO ISSUE

On May 17, 2013, Magistrate Judge Howard Lloyd denied as moot Plaintiffs’ application to
proceed in forma pauperis, and referred this case to the undersigned judge for a related case
determination. ECF No. 5. Judge Lloyd also further recommended that this action be dismissed
for lack of subject matter jurisdiction. Id.
On June 21, 2013, this Court related the above-captioned case to Case No. 11-02319, ECF
No. 8, and dismissed the above-captioned action for lack of subject matter jurisdiction, without
prejudice to Plaintiffs to pursue their claims in state court. ECF No. 9.
On July 2, 2013, Plaintiffs filed a notice of appeal to the Ninth Circuit. ECF No. 11.

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Case No.: 13-CV-01528-LHK
ORDER RE: REQUEST FOR SUMMONS TO ISSUE

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On July 15, 2013, Plaintiffs filed a request for summons to issue, requesting that the U.S.

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Marshal serve defendants. ECF No. 14. Because the above-captioned case has been dismissed for

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lack of subject matter jurisdiction, Plaintiffs’ application to proceed in forma pauperis has been

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denied as moot, and the case is currently on appeal, Plaintiffs’ request is DENIED.

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IT IS SO ORDERED.

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Dated: July 29, 2013

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 13-CV-01528-LHK
ORDER RE: REQUEST FOR SUMMONS TO ISSUE