Opinion
Case No. 16-cv-05051-BLF
11-03-2016
MATTHEW BLACKERBY, Plaintiff, v. GLENDA VERGARA GUMOBAO, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; AND REMANDING ACTION
[Re: ECF 5]
Defendant Glenda Vergara Gumobao, proceeding pro se, removed this unlawful detainer action from the Santa Clara County Superior Court to federal district court on the basis of federal question jurisdiction. See Notice of Removal, ECF 1. The case initially was assigned to Magistrate Judge Howard R. Lloyd, who granted Defendant leave to proceed in forma pauperis and issued a Report and Recommendation ("R&R") recommending that the action be remanded to the superior court for lack of federal subject matter jurisdiction. See R&R, ECF 5. The docket reflects that Defendant was served with the R&R by mail at her address of record. See Dkt. Entry dated 9/7/2016. The case thereafter was reassigned to the undersigned judge. See Order Reassigning Case, ECF 6.
Federal Rule of Civil Procedure 72(b)(2) provides that a party may file specific written objections to a magistrate judge's recommended disposition of a case within fourteen days after being served with a copy of the recommended disposition. Fed. R. Civ. P. 72(b)(2). No objections to the R&R have been filed and the deadline to object has elapsed.
This Court, having concluded that it lacks federal subject matter jurisdiction over the action, ADOPTS the R&R and REMANDS the action to the Santa Clara County Superior Court.
IT IS SO ORDERED. Dated: November 3, 2016
/s/_________
BETH LABSON FREEMAN
United States District Judge