Hamilton v. Yates et al

Filing 15

ORDER Adopting 11 FINDINGS AND RECOMMENDATION DENYING Plaintiff's Motion to Remand signed by District Judge Lawrence J. O'Neill on 3/21/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL HAMILTON,

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Plaintiff,

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1:10-cv-1925-LJO-MJS (PC)

v.
J.A. YATES, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATION DENYING
PLAINTIFF’S MOTION TO REMAND
(ECF No. 11)

Defendants.

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_______________________________/

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Plaintiff Paul Hamilton (“Plaintiff”) is a state prisoner proceeding pro se in a civil rights

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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 17, 2012, the Magistrate Judge filed a Findings and Recommendation

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recommending that Plaintiff’s motion to remand be denied. (ECF No. 11.) Plaintiff has filed

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objections to the Findings and Recommendation. (ECF No. 12.) Plaintiff is correct in his

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statement that the California Fifth District Court of Appeal did not dismiss this action. (Id.)

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However, the California Fifth District Court of Appeal also found that Plaintiff’s statements were

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ambiguous, and it appeared he was asserting a claim under 42 U.S.C. § 1983. (ECF No. 1-6 at 15.)

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This finding provided grounds for removal of Plaintiff’s action to this Court.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the Findings and Recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendation, filed January 17, 2012, are adopted in full; and

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2.

Plaintiff’s Motion to Remand (ECF No. 6) is DENIED.

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IT IS SO ORDERED.
Dated:

March 21, 2012

/s/ Lawrence J. O'Neill

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b9ed48

UNITED STATES DISTRICT JUDGE

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