MANOR v. IVERSON, 16-cv-06284-JD. (2016)
Court: District Court, N.D. California
Number: infdco20161220a87
Visitors: 12
Filed: Dec. 19, 2016
Latest Update: Dec. 19, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE Re: Dkt. No. 6 JAMES DONATO , District Judge . The Court has reviewed Chief Magistrate Judge Joseph Spero's report and recommendation. Dkt. No. 6. 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 with Magistrate Judge Spero's well-reasoned recommendation that this unlawful detainer action should be remanded pursuant to 28 U.S.C. 1
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE Re: Dkt. No. 6 JAMES DONATO , District Judge . The Court has reviewed Chief Magistrate Judge Joseph Spero's report and recommendation. Dkt. No. 6. 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 with Magistrate Judge Spero's well-reasoned recommendation that this unlawful detainer action should be remanded pursuant to 28 U.S.C. 14..
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ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE
Re: Dkt. No. 6
JAMES DONATO, District Judge.
The Court has reviewed Chief Magistrate Judge Joseph Spero's report and recommendation. Dkt. No. 6. 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 with Magistrate Judge Spero's well-reasoned recommendation that this unlawful detainer action should be remanded pursuant to 28 U.S.C. § 1447(c) for lack of federal subject matter jurisdiction. The Court also agrees that attorney's fees should not be awarded under that section at this time, but defendant should be admonished against further frivolous removals.
The Court consequently adopts the report and recommendation of Magistrate Judge Spero in full, orders the case remanded to the California Superior Court for the County of Contra Costa, and admonishes defendant Iverson that further frivolous removals will likely result in sanctions.
IT IS SO ORDERED.
Source: Leagle
