Elward

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 MICHAEL LYLE ELWARD, Case No. 24-cv-03054-BLF

Plaintiff,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION; REMANDING

CASE

ORLANDO MORENO CANO, [Re: ECF No. 5] Defendant.

12 Before the Court is Magistrate Judge Susan van Keulen’s Report & Recommendation that the Court remand the case to state court due to lack of subject matter jurisdiction. ECF No. 5 (“R&R”). For the reasons described below, the Court ADOPTS the Report & Recommendation and REMANDS the case. Defendant removed the case to this Court on May 21, 2024, and it was assigned to Magistrate Judge Susan van Keulen. ECF No. 1. On May 31, 2024, Judge van Keulen ordered the Clerk of the Court to reassign this case to a District Judge and issued a recommendation that the District Judge remand this case to state court due to lack of subject matter jurisdiction. R&R. The case was reassigned to the undersigned. ECF No. 6. On…