Yeverino v. Munoz

Filing 20

ORDER VACATING August 4, 2014 Order and Order Remanding Case to the Fresno County Superior Court 8 , 17 , signed by District Judge Anthony W. Ishii on 1/16/15: The parties may file objections to the report and recommendation 8 on or by January 30, 2015; and The parties may file any replies to objections on or before February 6, 2015. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HUMBERTO YEVERINO,
Plaintiff

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v.
ESTEBAN MUNOZ,
Defendant

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CASE NO. 1:14-cv-01167-AWI-GSA
ORDER VACATING AUGUST 4, 2014
ORDER and ORDER REMANDING
CASE TO THE FRESNO COUNTY
SUPERIOR COURT
(Doc. Nos. 8, 17)

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Defendant Esteban Munoz, who is proceeding pro se, removed this case from the Superior

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Court of Fresno County on July 28, 2014. See Court’s Docket Doc. No. 1. The state court case is

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an unlawful detainer action filed by Plaintiff against Defendant. Defendant asserts that the basis

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for removal is the presence of a federal question under 28 U.S.C. § 1443, based on the conduct of

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state court judges.

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On August 4, 2014, the Magistrate Judge sua sponte remanded the matter for lack of

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subject matter jurisdiction. See Doc. No. 8. The Defendant appealed, and on January 12, 2015,

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the Ninth Circuit remanded the matter with instructions to vacate the Magistrate Judge’s order.

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See Doc. No. 17. The Ninth Circuit indicated that a district judge could view the Magistrate

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Judge’s order as a report and recommendation. See id. On January 15, 2015, the matter was

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assigned to the undersigned. The Court will follow the Ninth Circuit’s instructions.

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Accordingly, IT IS HEREBY ORDERED that:
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CONVERTED into a report and recommendation under 28 U.S.C. § 636;
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The parties may file objections to the report and recommendation (Doc. No. 8) on or by
January 30, 2015;1 and

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The Magistrate Judge’s August 4, 2014 order (Doc. No. 8) is VACATED and

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The parties may file any replies to objections on or before February 6, 2015.

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IT IS SO ORDERED.
Dated: January 16, 2015
SENIOR DISTRICT JUDGE

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The Court reminds the parties that there is no mailbox rule for non-prisoners in the Eastern District of California.
The objections must be in the Clerk’s actual possession on or by January 30, 2014.

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