July 11, 2013
CITIGROUP MORTGAGE LOAN TRUST INC. ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-AMC4, U.S. U.S. BANK, N.A., AS TRUSTEE, Plaintiff,
ALFREDO GOMEZ et al., Defendant.
ORDER ACCEPTING REPORT. AND RECOMMENDATION OF MAGISTRATE JUDGE
SAUNDRA BROWN ARMSTRONG, District Judge.
Alfredo and Gloria Gomez are defendants in an unlawful detainer proceeding filed against her by Plaintiff in the Alameda County Superior Court. On May 21, 2013, Defendants removed the action, which was then assigned to Magistrate Judge Joseph Spero. On June 21, 2013, Magistrate Judge Spero issued a report and recommendation in which he recommended remanding the action, inter alia, for lack of subject matter jurisdiction. Dkt. 13. The matter was reassigned to this Court on June 24, 2013. Dkt. 15.
Any objections to a report and recommendation must be filed within fourteen days of receipt thereof. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); Civ. L.R. 72-2, 72-3. In this case, objections were due by July 5, 2013. To date, no objections have been filed.
In the absence of a timely objection, the Court "need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed.R.Civ.P. 72, Advisory Committee Notes (1983) (citing Campbell v. U.S. Dist. Court , 501 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Reyna-Tapia , 328 F.3d 1114, 1121 (9th Cir. 2003) ("The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if [an] objection is made, but not otherwise.") (en banc). The Court has reviewed the record on its face and finds no clear error. Accordingly,
IT IS HEREBY ORDERED THAT the magistrate judge's report and recommendation (Docket 13) is ACCEPTED and shall become the Order of this Court. The instant action is REMANDED to the Alameda County Superior Court. The Clerk shall close the file and terminate any pending matters.
IT IS SO ORDERED.