ZACHARIAH v. MILLER, 16-cv-03286-JD. (2016)
Court: District Court, N.D. California
Number: infdco20160713c02
Visitors: 10
Filed: Jul. 12, 2016
Latest Update: Jul. 12, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE Re: Dkt. No. 5 JAMES DONATO , District Judge . The Court has reviewed Magistrate Judge Elizabeth D. Laporte's report and recommendation, recommending that this action be remanded to Alameda County Superior Court. Dkt. No. 5. No objections have been filed in response to the report, and the time to file objections has expired. See Fed. R. Civ. P. 72(b). The Court agrees that the case should be remanded because federal subject mat
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE Re: Dkt. No. 5 JAMES DONATO , District Judge . The Court has reviewed Magistrate Judge Elizabeth D. Laporte's report and recommendation, recommending that this action be remanded to Alameda County Superior Court. Dkt. No. 5. No objections have been filed in response to the report, and the time to file objections has expired. See Fed. R. Civ. P. 72(b). The Court agrees that the case should be remanded because federal subject matt..
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ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE
Re: Dkt. No. 5
JAMES DONATO, District Judge.
The Court has reviewed Magistrate Judge Elizabeth D. Laporte's report and recommendation, recommending that this action be remanded to Alameda County Superior Court. Dkt. No. 5. No objections have been filed in response to the report, and the time to file objections has expired. See Fed. R. Civ. P. 72(b).
The Court agrees that the case should be remanded because federal subject matter jurisdiction is lacking and because removal of the action was untimely under 28 U.S.C. § 1446(b). Consequently, the Court adopts the report and recommendation of Judge Laporte in full, and orders the case remanded to the California Superior Court for Alameda County.
IT IS SO ORDERED.
Source: Leagle
