CMP-1, LLC v. Seymour
Filing
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ORDER ADOPTING 5 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND REMANDING CASE TO STATE COURT. Signed by Judge Beth Labson Freeman on 11/18/2016. (blflc2S, COURT STAFF) (Filed on 11/18/2016)
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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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CMP-1, LLC,
Case No. 16-cv-06219-BLF
Plaintiff,
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v.
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CAMELLA ANITA SEYMOUR,
Defendant.
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ORDER ADOPTING REPORT AND
RECOMMENDATION OF
MAGISTRATE JUDGE AND
REMANDING CASE TO STATE
COURT
[Re: ECF 5]
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United States District Court
Northern District of California
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The Court has reviewed the Report and Recommendation (“R&R”) of Magistrate Judge
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Howard R. Lloyd remanding this unlawful detainer action and finding Defendant’s motion to
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proceed in forma pauperis moot. See ECF 5.
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When reviewing a Report and Recommendation for a nondispositive matter, a court must
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“set aside any part of the order that is clearly erroneous or is contrary to law.” Fed. R. Civ. P.
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72(a). For a dispositive matter, like the one at issue here, a court “must determine de novo any
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part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P.
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72(b)(1)(3). See also 28 U.S.C. § 636(b)(1). No objections to the R&R have been filed and the
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deadline to object has elapsed. See Fed. R. Civ. P. 72(b)(2) (deadline for objections is fourteen
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days after being served with report and recommendation); see Docket No. 16-6219 (Defendant
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served with R&R on October 31, 2016).
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After reviewing the entire record in this case, the Court finds the R&R correct, well
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reasoned, and thorough, and adopts it in every respect. Accordingly, the above-titled unlawful
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detainer action is REMANDED to the Monterey County Superior Court.
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IT IS SO ORDERED.
Dated: November 18, 2016
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BETH LABSON FREEMAN
United States District Judge
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