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JOHN R. WILSON, Plaintiff, v. BANK OF AMERICA, NA, et al., Defendants.

RICHARD SEEBORG

ORDER ADOPTING REPORT AND RECOMMENDATION TO REMAND ACTION

Appearing in pro se, plaintiff John R. Wilson initiated this action in Alameda Superior Court, alleging that defendants engaged in deceptive mortgage practices in violation of the federal Truth in Lending Act, 15 U.S.C. §§1601 et seq., the Home Owner's Loan Act, 12 U.S.C. § 1461 et seq., California Business and Professions Code §§ 17200 et seq., and various state laws. Wilson thereafter filed a notice of removal to this court, where the matter was randomly assigned to a magistrate judge. The magistrate judge issued a Report and Recommendation that the matter be remanded to Alameda Superior Court, on grounds that a plaintiff has no right to remove. The matter was then reassigned to the undersigned for disposition.

The time for objecting to the Report and Recommendation has expired and no objections have been filed. For the reasons explained in the Report and Recommendation, the removal was improper. Accordingly, the Court adopts the Report and Recommendation and this action is hereby remanded to Alameda Superior Court. IT IS SO ORDERED.

_________________


RICHARD SEEBORG


UNITED STATES DISTRICT JUDGE


THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:

John R. Wilson
28833 Bailey Ranch Rd
Hayward, CA 94542



Chambers Staff


Chambers of Judge Richard Seeborg


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Wilson v. Bank of America, NA
(Aug 1, 2012)