Opinion
3:23-cv-06606-WHO
01-16-2024
PUBLIC STORAGE, Plaintiff, v. EDWARD-LEOPOLD NOVAK, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING IFP, AND REMANDING CASE RE: DKT. NO. 4
Wiliam H. Orrick United States District Judge.
On December 28, 2023, Magistrate Judge Thomas S. Hixson issued a Report and Recommendation that I remand this pro se case to state court due to lack of subject matter jurisdiction. [Dkt. No. 9]. No party has objected. See Fed. R. Civ. Proc. 72(b).
I have reviewed the entirety of the record and docket. I agree that I lack subject matter jurisdiction and so I ADOPT the Report and Recommendation. This case is hereby REMANDED to the California Superior Court for San Mateo County.
Novak's motion for leave to proceed in forma pauperis, [Dkt. No. 3], is GRANTED for good cause. The defendant's second motion to remand, [Dkt. No. 7], and ex parte motion to shorten time to respond, [Dkt. No. 9], are VACATED as moot.
IT IS SO ORDERED.