Delgado v. Ellis et al

Filing 5

ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS in FULL; ORDER DENYING AS MOOT 2 Defendant's Motion to Proceed In Forma Pauperis; and ORDER REMANDING ACTION to Kern County Superior Court signed by District Judge Lawrence J. O'Neill on 6/25/2015. CASE CLOSED. Copy of remand order mailed to Kern County Superior Court. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE CAMACHO DELGADO,
Plaintiff,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS (Doc. 4) AND
REMANDING ACTION TO KERN
COUNTY SUPERIOR COURT AND
DENYING DEFENDANT’S MOTION
TO PROCEED IN FORMA PAUPERIS
(Doc. 2)

v.

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1:15-CV-841-LJO-JLT

BRANDON J. ELLIS, DANIEL CRAIG
DOLBEC,

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Defendants.

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On June 8, 2015, the Magistrate Judge issued Findings and Recommendations that this
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action be remanded to Kern County Superior Court. These Findings and Recommendations were served
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on all parties appearing in this action and included notice that any objections to the Findings and
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Recommendations were to be filed within fourteen (14) court days of the date of service of the order.
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More than fourteen (14) court days have passed and no party has 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 de
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novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and
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Recommendations are supported by the record and proper analysis. Accordingly, IT IS HEREBY
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ORDERED that this case be REMANDED to the Kern County Superior Court, pursuant to 28 U.S.C. §
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1447(c), for lack of federal subject matter jurisdiction. Defendant’s motion to proceed in forma pauperis

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is DENIED as moot. The Clerk of Court is directed to take necessary action to remand this case to the
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Kern County Superior Court, and also is directed to CLOSE this case.
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IT IS SO ORDERED.
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Dated:
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/s/ Lawrence J. O’Neill

June 25, 2015

UNITED STATES DISTRICT JUDGE

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