Boyack et al v. Eleson

Filing 15

ORDER ADOPTING 10 FINDINGS AND RECOMMENDATIONS that Plaintiffs' 5 Motion for Remand be Granted signed by Chief Judge Anthony W. Ishii on 06/03/2011. REMANDING CASE to Tuolumne County Superior Court. Copy of remand order sent to other court. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DOUGLAS C. BOYACK, et al.,

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Plaintiffs,

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CASE NO. 1:11-cv-00416-AWI-SKO
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT
PLAINTIFFS' MOTION FOR
REMAND BE GRANTED

v.

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ERIC RICHARD ELESON,
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(Docs. 5, 10)
Defendant.

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/
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On April 22, 2011, the Magistrate Judge issued Findings and Recommendations that

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Plaintiffs’ motion to remand be granted. These Findings and Recommendations were served on all

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parties appearing in the action and contained notice that any objections were to be filed within

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seventeen (17) days after service of the order. On May 5, 2011, Defendant Eleson filed objections.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the

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Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The April 22, 2011, Findings and Recommendations are adopted IN FULL;

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2.

Plaintiffs’ request for judicial notice is GRANTED;

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3.

Plaintiffs’ motion to remand this matter to the Tuolumne County Superior Court is

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GRANTED;

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4.

Defendant’s motion to proceed in forma pauperis is DENIED AS MOOT; and

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5.

This action is to be administratively closed.

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IT IS SO ORDERED.

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Dated:
0m8i78

June 3, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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