(PS) Citibank, N.A, v. Haywood, No. 2:2010cv02169 - Document 7 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 11/10/10 ORDERING the proposed findings and recommendations 3 ADOPTED; this action is summarily REMANDED to Sacramento County Superior Court for lack of jurisdiction. Certified copy of remand order sent to other court. CASE CLOSED. (Carlos, K)
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(PS) Citibank, N.A, v. Haywood Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CITIBANK, N.A., 11 Plaintiff, 12 No. 2:10-cv-02169-GEB-KJN-PS vs. 13 MARTHA HAYWOOD, 14 ORDER Defendant. __________________________________/ 15 16 On October 7, 2010, the magistrate judge filed findings and recommendations herein 17 which were served on the parties and which contained notice that any objections to the findings 18 and recommendations were to be filed within fourteen days. Defendant filed objections on 19 October 22, 2010. 20 Accordingly, the court presumes that any findings of fact are correct. See Orand v. 21 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 The court has reviewed the applicable legal standards and, good cause appearing, 25 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The Proposed Findings and Recommendations filed October 7, 2010, are ADOPTED; 3 4 and 2. This action is summarily remanded to the Sacramento County Superior Court for lack 5 of jurisdiction. 6 Dated: November 10, 2010 7 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2