Simmons v. Vista Prieta Home Owners Association

Filing 7

ORDER by Judge Lucy Koh adopting Report and Recommendations as to 5 Report and Recommendations. (lhklc2S, COURT STAFF) (Filed on 12/17/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 ROBERTA SIMMONS, 12 Plaintiff, v. 13 14 VISTA PRIETA HOMEOWNERS ASSOCIATION, 15 Defendant. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No.: 14-CV-03558-LHK ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THAT CASE BE DISMISSED The Court has reviewed Magistrate Judge Howard R. Lloyd’s Report and Recommendation (“Report”) to grant Plaintiff Roberta Simmons’ (“Plaintiff”) in forma pauperis application and 19 dismiss the instant case for lack of jurisdiction. See ECF No. 5. The Report was filed on September 20 22, 2014, and mailed to Plaintiff on September 23, 2014. See id.; ECF No. 6. The time for 21 objections has passed, and Plaintiff has not filed any. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 22 72(b). 23 Having reviewed the Report, as well as the record in this case, the Court finds that the 24 Report is well-founded in fact and in law, and therefore adopts the Report. This case is hereby 25 dismissed. The Clerk shall close the file. 26 27 28 1 Case No.: 14-CV-03558 ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THAT CASE BE DISMISSED 1 2 IT IS SO ORDERED. 3 4 5 Dated: December 17, 2014 _________________________________ LUCY H. KOH United States District Judge 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 14-CV-03558 ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THAT CASE BE DISMISSED

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