(PS) Harris v. New Rez, LLC et al, No. 2:2021cv00636 - Document 35 (E.D. Cal. 2021)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 7/15/2021 ADOPTING 25 Findings and Recommendations in full; GRANTING 12 Motion to Dismiss and DISMISSING plaintiff's federal claims without leave to amend; REMANDING CASE to Solano County Superior Court; and DENYING AS MOOT 21 Request to Withdraw Consent. Certified copy of remand order sent to other court. (Coll, A)
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(PS) Harris v. New Rez, LLC et al Doc. 35 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ARTHUR HARRIS, 11 12 13 No. 2:21-cv-636 KJM CKD PS Plaintiff, v. ORDER NEW REZ. LLC, et al., 14 Defendants. 15 16 On June 3, 2021, the magistrate judge filed findings and recommendations, which were 17 served on both parties and which contained notice that any objections to the findings and 18 recommendations were to be filed within fourteen days. ECF No. 25. Plaintiff has filed 19 objections. ECF Nos. 27, 28, 30, 32, 33. Defendant filed a response to plaintiff’s objections and 20 plaintiff filed a reply. ECF No. 31, 34. 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 22 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 23 court finds the findings and recommendations to be supported by the record and by the proper 24 analysis. 25 Accordingly, IT IS HEREBY ORDERED: 26 1. The findings and recommendations, ECF No. 25, are adopted in full; 27 2. Defendant’s motion to dismiss, ECF No. 12, is granted and plaintiff’s federal claims are 28 dismissed without leave to amend; 1 Dockets.Justia.com 1 3. This case is remanded to the Superior Court of California, County of Solano; 2 4. Plaintiff’s request to withdraw consent, ECF No. 21, is denied as moot; and 3 5. The Clerk’s Office is directed to close this case. 4 DATED: July 15, 2021. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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