Strong v. Elliot

Filing 11

ORDER signed by Chief Judge Anthony W. Ishii on 7/29/2009 adopting 7 FINDINGS AND RECOMMENDATIONS and denying 4 Motion for remand.(Lundstrom, T)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant. _____________________________/ George Berry Strong ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. On April 21, 2009, findings and recommendations were entered, recommending that plaintiff's motion to remand this action to the Kings County Superior Court be denied. (Doc. 7.) Plaintiff was provided an opportunity to file objections to the findings and recommendations within thirty days, and plaintiff requested and was granted an additional thirty days to file objections. (Docs. 9, 10.) The final thirty day period has expired, and plaintiff has not filed objections or otherwise responded to the findings and recommendations. In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 1 vs. KENNETH ELLIOT, GEORGE BERRY STRONG, Plaintiff, 1:09-cv-00583-AWI-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 7.) ORDER DENYING PLAINTIFF'S MOTION FOR REMAND (Doc. 4.) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 file, the court finds the findings and recommendations to be supported by the record and proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on April 21, 2009, are adopted in full; and 2. Plaintiff's motion to remand this action to the Kings County Superior Court is DENIED. IT IS SO ORDERED. Dated: 0m8i78 July 29, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 2

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