Wilson v. Bank of America, NA et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION TO REMAND ACTION. Signed by Judge Richard Seeborg on 8/1/12. (cl, COURT STAFF) (Filed on 8/1/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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For the Northern District of California
United States District Court
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JOHN R. WILSON,
Plaintiff,
v.
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ORDER ADOPTING REPORT AND
RECOMMENDATION TO REMAND
ACTION
BANK OF AMERICA, NA, et al.,
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No. C 12-03500 RS
Defendants.
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Appearing in pro se, plaintiff John R. Wilson initiated this action in Alameda Superior
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Court, alleging that defendants engaged in deceptive mortgage practices in violation of the federal
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Truth in Lending Act, 15 U.S.C. §§1601 et seq., the Home Owner’s Loan Act, 12 U.S.C. § 1461 et
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seq., California Business and Professions Code §§ 17200 et seq., and various state laws. Wilson
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thereafter filed a notice of removal to this court, where the matter was randomly assigned to a
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magistrate judge. The magistrate judge issued a Report and Recommendation that the matter be
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remanded to Alameda Superior Court, on grounds that a plaintiff has no right to remove. The matter
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was then reassigned to the undersigned for disposition.
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The time for objecting to the Report and Recommendation has expired and no objections
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have been filed. For the reasons explained in the Report and Recommendation, the removal was
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improper. Accordingly, the Court adopts the Report and Recommendation and this action is hereby
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remanded to Alameda Superior Court.
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IT IS SO ORDERED.
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Dated: 8/1/12
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:
John R. Wilson
28833 Bailey Ranch Rd
Hayward, CA 94542
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DATED: 8/1/12
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/s/ Chambers Staff
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For the Northern District of California
United States District Court
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Chambers of Judge Richard Seeborg
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