Brooks

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GONZALO R. RUBANG, JR., No. 2:18-cv-2351 TLN DB PS Plaintiff, v. ORDER AND

FINDINGS AND RECOMMENDATIONS

ERIC R. BROOKS; KELLER

WILLIAMS,

15 Defendants. 17 Plaintiff, Gonzalo Rubang, Jr., is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Pending before the court are defendants Eric Brooks and Keller Williams Realty, Inc.’s, motion to set aside entry of default and to dismiss, and plaintiff’s motion for order re property. (ECF Nos. 20 & 28.) For the reasons explained below, the motion to dismiss and motion for order re property are denied. Additionally, the undersigned will recommend that defendants’ motion to set aside entry of default be granted and that this matter be dismissed without prejudice due to a lack of subject matter jurisdiction. BACKGROUND Plaintiff, proceeding pro se,…