Applegate v. Clark, et al.

Filing 14

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 ; ORDER DENYING Plaintiff's Motion for Remand 9 , signed by District Judge Lawrence J. O'Neill on 7/7/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN C. APPLEGATE,

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Plaintiff,
vs.
N. CLARK, et al.,

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Defendants.

1:15-cv-00207-LJO-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 13.)
ORDER DENYING PLAINTIFF’S
MOTION FOR REMAND
(ECF No. 9.)

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Brian C. Applegate (“Plaintiff”) is a state prisoner proceeding pro se with this civil

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

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

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On May 18, 2015, findings and recommendations were entered, recommending that

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Plaintiff’s motion to remand this action to the Kings County Superior Court be denied. (ECF

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No. 13.) The parties were granted thirty days in which to file objections to the findings and

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recommendations.

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objections or any other response to the findings and recommendations. (Court Record.)

(Id.)

The thirty-day time period has passed, and no party has filed

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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

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the court finds the findings and recommendations to be supported by the record and proper

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analysis.
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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The Findings and Recommendations issued by the Magistrate Judge on May 18,
2015, are adopted in full; and

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Plaintiff’s motion for remand, filed on February 23, 2015, is DENIED.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

July 7, 2015

UNITED STATES DISTRICT JUDGE

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