IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 19, 2012
HSBC BANK OF USA N.A., AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST 2007-DI ASSET BACKED PASS-THROUGH CERTIFICATES, PLAINTIFF,
FERNANDO O CONTRERAS, ET AL., DEFENDANTS.
On August 24, 2012, the magistrate judge filed findings and recommendations, 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.
Although it appears from the file that plaintiff's copy of the findings and recommendations was returned, plaintiff was properly served. It is the plaintiff's responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.
The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.
Accordingly, IT IS ORDERED that:
1. The Findings and Recommendations filed August 24, 2012, are ADOPTED;
2. Plaintiff's motion to remand (Dkt. No. 4) is granted and this matter is remanded to the Superior Court of California, County of Sutter;
3. Plaintiff's request for attorney's fees and costs is denied; and
4. The Clerk of Court shall vacate all dates and close this file.
© 1992-2012 VersusLaw Inc.