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CMP-1, LLC v. Seymour

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 18, 2016
Case No. 16-cv-06219-BLF (N.D. Cal. Nov. 18, 2016)

Opinion

Case No. 16-cv-06219-BLF

11-18-2016

CMP-1, LLC, Plaintiff, v. CAMELLA ANITA SEYMOUR, Defendant.


ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND REMANDING CASE TO STATE COURT

[Re: ECF 5]

The Court has reviewed the Report and Recommendation ("R&R") of Magistrate Judge Howard R. Lloyd remanding this unlawful detainer action and finding Defendant's motion to proceed in forma pauperis moot. See ECF 5.

When reviewing a Report and Recommendation for a nondispositive matter, a court must "set aside any part of the order that is clearly erroneous or is contrary to law." Fed. R. Civ. P. 72(a). For a dispositive matter, like the one at issue here, a court "must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Fed. R. Civ. P. 72(b)(1)(3). See also 28 U.S.C. § 636(b)(1). No objections to the R&R have been filed and the deadline to object has elapsed. See Fed. R. Civ. P. 72(b)(2) (deadline for objections is fourteen days after being served with report and recommendation); see Docket No. 16-6219 (Defendant served with R&R on October 31, 2016).

After reviewing the entire record in this case, the Court finds the R&R correct, well reasoned, and thorough, and adopts it in every respect. Accordingly, the above-titled unlawful detainer action is REMANDED to the Monterey County Superior Court.

IT IS SO ORDERED. Dated: November 18, 2016

/s/_________

BETH LABSON FREEMAN

United States District Judge


Summaries of

CMP-1, LLC v. Seymour

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 18, 2016
Case No. 16-cv-06219-BLF (N.D. Cal. Nov. 18, 2016)
Case details for

CMP-1, LLC v. Seymour

Case Details

Full title:CMP-1, LLC, Plaintiff, v. CAMELLA ANITA SEYMOUR, Defendant.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 18, 2016

Citations

Case No. 16-cv-06219-BLF (N.D. Cal. Nov. 18, 2016)