The Bank of New York Mellon v. Hernandez et al

Filing 8

ORDER Adopting Report and Recommendation that Case be Remanded. Signed by Judge Lucy H. Koh on 7/7/2016. (lhklc3, COURT STAFF) (Filed on 7/7/2016)

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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
Northern District of California

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THE BANK OF NEW YORK MELLON,
Plaintiff,

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Case No. 16-CV-03213-LHK
ORDER ADOPTING REPORT AND
RECOMMENDATION THAT CASE BE
REMANDED

v.

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LUZ HERNANDEZ, et al.,

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Defendants.

Re: Dkt. No. 4

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On June 10, 2016, Defendant Luz Hernandez (“Defendant”) removed this unlawful

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detainer action from the Superior Court of California for the County of Monterey. ECF No. 1. On

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June 15, 2016, Magistrate Judge Howard Lloyd issued a Report and Recommendation that the

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case be remanded. ECF No. 4. The Report and Recommendation was filed and served that same

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day. No objections have been filed, and the time to file objections has now expired. See Fed. R.

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Civ. P. 72(b)(2).

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Having reviewed the Report and Recommendation, as well as the record in this case, the

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Court finds that the Report and Recommendation is well-founded in fact and in law. The Court

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ADOPTS the Report and Recommendation in its entirety and REMANDS the instant action to the

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Superior Court of California for the County of Monterey. The Clerk shall transfer the case file to

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Case No. 16-CV-03213-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION THAT CASE BE REMANDED

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the Superior Court of California for the County of Monterey. The Clerk shall also serve a copy of

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this order on Defendant.

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IT IS SO ORDERED.

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Dated: July 7, 2016
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 16-CV-03213-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION THAT CASE BE REMANDED