Monterey Bay Military Housing, LLC v. Morris et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS; REMANDING CASE TO STATE COURT. Signed by Hon. Beth Labson Freeman on 9/17/2014. (Attachments: # 1 Report and Recommendation)(blflc2, COURT STAFF) (Filed on 9/17/2014) (Additional attachment(s) added on 9/17/2014: # 3 Certificate/Proof of Service) (tsh, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MONTEREY BAY MILITARY HOUSING,
LLC,
Plaintiff,

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TYRRELL A. MORRIS, et al.,

[Re: ECF 5]

Defendants.

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United States District Court
Northern District of California

ORDER ADOPTING REPORT AND
RECOMMENDATION; REMANDING
CASE TO STATE COURT

v.

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Case No. 14-cv-03807-BLF

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This is an unlawful detainer action that pro se defendants Tyrell A. Morris and Katrina M.

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Kellerman have removed to federal court from Monterey County Superior Court. Before the

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Court is Magistrate Judge Howard R. Lloyd’s August 29, 2014 Report and Recommendation that

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the case be remanded for lack of subject matter jurisdiction. (ECF 5) The time for objecting to

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the Report and Recommendation has elapsed, and no objections were filed. Fed. R. Civ. P.

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72(b)(2).

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Having read and considered the Report and Recommendation, as well as the record on its

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face, the Court finds Judge Lloyd’s Report and Recommendation to be correct, well-reasoned, and

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well-founded in fact and in law. Accordingly, the Court adopts Judge Lloyd’s Report and

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Recommendation in its entirety.

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This action is hereby remanded to the Superior Court of California for the County of
Monterey. The Clerk of the Court shall close the case file.
IT IS SO ORDERED.
Dated: September 17, 2014
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BETH LABSON FREEMAN
United States District Judge