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Fia Card Services, N.A v. Renee L. Martin

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 8, 2012

FIA CARD SERVICES, N.A., PLAINTIFF,
v.
RENEE L. MARTIN, DEFENDANT.

ORDER

On October 20, 2011, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. No objections were filed.*fn1

The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

This action, on its face, is a purely state law action for money lent, due and owing, and for unjust enrichment. The lack of federal jurisdiction plainly appears in the complaint and in the notice of removal.

Accordingly, IT IS ORDERED that:

1. Pro se defendant's request to proceed in forma pauperis is GRANTED;

2. The proposed Findings and Recommendations (Dkt. No. 9) filed October 20, 2011, are ADOPTED; and

3. The above-captioned case is REMANDED to the Superior Court of the State of California in and for the County of Sacramento for lack of federal jurisdiction. See 28 U.S.C. § 1447(c).


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