(PS) Federal National Mortgage Association v. Underwood, No. 2:2012cv01603 - Document 13 (E.D. Cal. 2012)

Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 12/4/2012 ADOPTING 10 Findings and Recommendations; GRANTING 7 Motion to Remand; REMANDING this action to the Superior Court of the State of California, County of Sacramento; VACATING all dates set in this case. CASE CLOSED. Copy of Remand Order sent. (Michel, G)

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(PS) Federal National Mortgage Association v. Underwood Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FEDERAL NATIONAL MORTGAGE ASSOCIATION 12 Plaintiff, No. 2:12-cv-01603 MCE KJN PS 13 v. 14 15 DOLORES M. UNDERWOOD et al. 16 Defendants. 17 ORDER / 18 On July 25, 2012, the magistrate judge filed findings and recommendations (dkt. 19 no. 10) which were served on the parties and which contained notice that any objections to the 20 findings and recommendations were to be filed within fourteen (14) days. On August 6, 2012, 21 plaintiff filed objections to the findings and recommendations, which have been considered by 22 the court. 23 This court reviews de novo those portions of the proposed findings of fact to 24 which an objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. 25 Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 26 (1982); see also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). 1 Dockets.Justia.com 1 As to any portion of the proposed findings of fact to which no objection has been made, the court 2 assumes its correctness and decides the motion on the applicable law. See Orand v. United 3 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 4 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 5 1983). 6 The court has reviewed the applicable legal standards and, good cause appearing, 7 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 8 IT IS HEREBY ORDERED that: 9 1. The findings and recommendations (dkt. no. 10) are ADOPTED. 10 2. Plaintiff’s motion to remand (dkt. no. 7) is GRANTED. 11 3. The action is REMANDED to the Superior Court of California, County of 12 13 14 Sacramento. 4. The Clerk of Court is directed to close this case and vacate all dates. Dated: December 4, 2012 15 16 17 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 2

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