U.S. Bank National Association v. Malinay et al

Filing 6

ORDER REMANDING ACTION - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 2/12/13. "The court directs the Clerk of Court to close this removed case. This action is remanded to the state court as if never removed to this court, and th e Clerk of Court is directed to send a certified copy of this order to the state court." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Henry Macasio Malinay and Marilyn Corpuz Malinay served by first class mail at the address of record on February 12, 2013.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE STRUCTURED
ASSET INVESTMENT LOAN TRUST
SERIES 2005-7,

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Plaintiffs,
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vs.
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HENRY MACASIO MALINAY and
MARILYN CORPUZ MALINAY; DOES )
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1-20, INCLUSIVE,
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Defendants.
_____________________________ )

CIV. NO. 13-0008 SOM/KSC
ORDER REMANDING ACTION

ORDER REMANDING ACTION
Defendants Henry Macasio Malinay and Marilyn Corpuz
Malinay removed this action from the Circuit Court of the State
of Hawaii for the First Circuit on January 8, 2013.

Because the

removing parties failed to pay this court's filing fee or to
submit an Application To Proceed In Forma Pauperis at the time of
the removal, this court, on January 8, 2013, issued a Deficiency
Order, in a "form" routinely issued by the court.

The Deficiency

Order required payment of the filing fee or submission of an
Application within 30 days of the filing of the Deficiency Order.
The Deficiency Order warned the removing parties that the matter
would be automatically dismissed absent compliance with the
Deficiency Order.

Having received neither payment nor an

Application, this court now states that it will not address the
merits of this action.

The court directs the Clerk of Court to

close this removed case.

This action is remanded to the state

court as if never removed to this court, and the Clerk of Court
is directed to send a certified copy of this order to the state
court.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, February 12, 2013.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET
INVESTMENT LOAN TRUST SERIES 2005-7 v. HENRY MACASIO MALINAY, et
al.; CIV. NO. 13-0008 SOM/KSC; ORDER REMANDING ACTION

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