CMP-1, LLC v. Seymour

Filing 7

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)

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 CMP-1, LLC, Case No. 16-cv-06219-BLF Plaintiff, 6 v. 7 8 CAMELLA ANITA SEYMOUR, Defendant. 9 ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND REMANDING CASE TO STATE COURT [Re: ECF 5] 10 United States District Court Northern District of California 11 The Court has reviewed the Report and Recommendation (“R&R”) of Magistrate Judge 12 Howard R. Lloyd remanding this unlawful detainer action and finding Defendant’s motion to 13 proceed in forma pauperis moot. See ECF 5. 14 When reviewing a Report and Recommendation for a nondispositive matter, a court must 15 “set aside any part of the order that is clearly erroneous or is contrary to law.” Fed. R. Civ. P. 16 72(a). For a dispositive matter, like the one at issue here, a court “must determine de novo any 17 part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 18 72(b)(1)(3). See also 28 U.S.C. § 636(b)(1). No objections to the R&R have been filed and the 19 deadline to object has elapsed. See Fed. R. Civ. P. 72(b)(2) (deadline for objections is fourteen 20 days after being served with report and recommendation); see Docket No. 16-6219 (Defendant 21 served with R&R on October 31, 2016). 22 After reviewing the entire record in this case, the Court finds the R&R correct, well 23 reasoned, and thorough, and adopts it in every respect. Accordingly, the above-titled unlawful 24 detainer action is REMANDED to the Monterey County Superior Court. 25 26 27 28 IT IS SO ORDERED. Dated: November 18, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?