Vigil et al v. Vasquez et al

Filing 7

ORDER Adopting 5 Report and Recommendation Re Remand. Signed by Judge Lucy H. Koh on May 26, 2017. (lhklc1S, COURT STAFF) (Filed on 5/26/2017) (Additional attachment(s) added on 5/26/2017: # 1 Certificate/Proof of Service) (iymS, COURT STAFF).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 ROLDAN VIGIL, et al., 13 Plaintiffs, 14 Case No. 17-CV-02614-LHK ORDER ADOPTING REPORT AND RECOMMENDATION RE REMAND v. Re: Dkt. No. 5 15 SOFIA VASQUEZ, et al., 16 Defendants. 17 18 On May 5, 2017, pro se Defendants Sofia Vasquez, Leopoldo Cerritos, and Lorena Urbina 19 Lopez (“Lopez”) removed this unlawful detainer case to this federal court from Monterey County 20 Superior Court, ECF No. 1, 4, and Lopez filed a motion for leave to proceed in forma pauperis, 21 ECF No. 2. This case was referred to Magistrate Judge Howard R. Lloyd for initial screening 22 review. On May 9, 2017, Judge Lloyd issued an order terminating Lopez’s motion for leave to 23 proceed in forma pauperis. ECF No. 5. In the same order, Judge Lloyd made a Report and 24 25 26 27 28 Recommendation that a District Judge remand this case for lack of subject matter jurisdiction, and ordered the Clerk of the Court to reassign this case to a District Judge. Id. This case was reassigned to the undersigned judge on May 9, 2017. ECF No. 6. Judge Lloyd’s Report and Recommendation was served on all parties on May 9, 2017. 1 Case No. 17-CV-02614-LHK ORDER ADOPTING REPORT AND RECOMMENDATION RE REMAND 1 Judge Lloyd stated in the Report and Recommendation that “[a]ny party may serve and file 2 objections to this report and Recommendation within fourteen days after being served.” ECF No. 3 5 at 3. No objections have been filed, and the time to file objections of fourteen days has expired. 4 See Fed. R. Civ. P. 72(b)(2). 5 Having reviewed the Report and Recommendation, as well as the record in this case, the 6 court finds that the Report and Recommendation is well-founded in fact and in law and, therefore, 7 adopts the Report and Recommendation. Accordingly, this case is REMANDED to the Monterey 8 County Superior Court. 9 10 The Clerk shall close the file. IT IS SO ORDERED. United States District Court Northern District of California 11 12 13 14 Dated: May 26, 2017 ______________________________________ LUCY H. KOH United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 17-CV-02614-LHK ORDER ADOPTING REPORT AND RECOMMENDATION RE REMAND

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