-KJN (PS) US Bank National Association v. Gonzales, No. 2:2010cv02736 - Document 17 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS signed by District Judge Kimberly J. Mueller on 8/2/2011 DENYING 13 Motion to Dismiss; GRANTING 4 Motion to Remand, CASE REMANDED to Superior Court of the State of California, County of Sacramento. Copy of remand order sent to other court. CASE CLOSED. (Michel, G)
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-KJN (PS) US Bank National Association v. Gonzales Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 U. S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE LXS 2006-16N TRUST FUND, Plaintiff, 12 No. CIV-S-10-2736 KJM KJN PS vs. 13 14 MARLENE GONZALES, et al., 15 Defendants. __________________________________/ ORDER 16 This is an action removed from state court by defendant, who is proceeding in pro 17 18 per. On March 23, 2011, the magistrate judge filed findings and recommendations, which were 19 served on the parties and which contained notice that any objections to the findings and 20 recommendations were to be filed within fourteen days. No objections were filed. The court thus presumes that any findings of fact are correct. See Orand v. 21 22 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 23 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 24 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 25 be supported by the record and by the proper analysis. 26 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The Proposed Findings and Recommendations filed March 23, 2001, are 3 ADOPTED; 4 2. Plaintiff’s motion to dismiss (ECF No. 13) is DENIED; and 5 3. Plaintiff’s motion to remand (ECF No. 4) is GRANTED and this entire case is 6 REMANDED to the Superior Court of the State of California, County of Sacramento. 7 DATED: August 2, 2011. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 usbank2736.jo 2
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