McKenzie v. Banuelos et al
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis L. Beck on 6/19/2015 recommending that 14 MOTION for Remand be denied. Referred to Judge Anthony W. Ishii; Objections to F&R due by 7/9/2015. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:14-cv-00434 AWI DLB PC
FINDINGS AND RECOMMENDATION
DENYING PLAINTIFF’S MOTION FOR
[ECF No. 14]
E. BANUELOS, et al.,
FOURTEEN DAY DEADLINE
Plaintiff Gustavo McKenzie (“Plaintiff”) is a state prisoner proceeding pro se in this civil
rights action pursuant to 42 U.S.C. § 1983. On March 25, 2014, Defendant removed this action to
On March 11, 2015, the Court screened the complaint and dismissed it with leave to amend.
On April 8, 2015, Plaintiff filed a First Amended Complaint which is currently pending screening by
Also on April 8, 2015, Plaintiff filed a motion for remand to state court pursuant to 28 U.S.C.
§ 1447(c). Plaintiff requests that the action be remanded to the state court in the event that this Court
decides that the First Amended Complaint (“FAC”) fails to state a claim upon which relief can be
granted. Plaintiff’s request is not ripe for decision. Upon screening, the Court may or may not
determine that the FAC fails to state a claim. In any case, the Court must first screen the FAC.
Plaintiff is advised that in the event the Court does issue Findings and Recommendations to dismiss
the complaint for failure to state a claim, he may submit his request for remand in his objections.
Accordingly, IT IS HEREBY RECOMMENDED that Plaintiff’s motion for remand be
DENIED with leave to renew at a later date.
These Findings and Recommendations will be submitted to the United States District Judge
assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14)
days after being served with these Findings and Recommendations, the parties may file written
objections with the Court. Local Rule 304(b). The document should be captioned “Objections to
Magistrate Judge’s Findings and Recommendations.” Any response to the objections must be filed
within seven (7) days from the date of service of the objections. The parties are advised that failure
to file objections within the specified time may waive the right to appeal the District Court’s order.
Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
IT IS SO ORDERED.
June 19, 2015
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?