Reservation Estates Apartments LP v. Griffin

Filing 11

ORDER by Judge Lucy H. Koh adopting #6 Report and Recommendation; denying as moot #2 Motion for Leave to Proceed in forma pauperis. (lhklc3, COURT STAFF) (Filed on 8/11/2016) **THE CLERK SHALL TRANSFER THE CASE TO THE SUPERIOR COURT OF CALIFORNIA IN MONTEREY; THE CLERK SHALL CLOSE THE NDCA FILE** Modified on 8/12/2016 (sms, COURT STAFF). (Additional attachment(s) added on 8/12/2016: #1 Certificate/Proof of Service) (sms, 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

United States District Court
Northern District of California

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RESERVATION ESTATES
APARTMENTS LP,

Case No. 16-CV-03802-LHK
ORDER ADOPTING REPORT AND
RECOMMENDATION THAT CASE BE
REMANDED

Plaintiff,
v.

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Re: Dkt. Nos. 2, 6

RONALD B. GRIFFIN,
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Defendant.
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On July 7, 2016, Defendant Ronald B. Griffin (“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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July 25, 2016, U.S. Magistrate Judge Nathanael Cousins issued a Report and Recommendation

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that the case be remanded. ECF No. 6. The Report and Recommendation was filed and served

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that same day. ECF No. 6-2. No objections have been filed, and the time to file objections has

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now expired. See Fed. R. 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. Consequently, Defendant’s motion to

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Case No. 16-CV-03802-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION THAT CASE BE REMANDED

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proceed in forma pauperis is DENIED as moot. See ECF No. 2. The Clerk shall transfer the case

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

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of this order on Defendant.

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IT IS SO ORDERED.

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Dated: August 11, 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-03802-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION THAT CASE BE REMANDED