Allen v. Department of State Hospitals (DSH), et al

Filing 13

ORDER ADOPTING Findings and Recommendations; ORDER REMANDING to the Fresno County Superior Court, signed by District Judge Anthony W. Ishii on 02/14/2017.Copy of remand order sent to Fresno County Superior Court, 1100 Van Ness Avenue, Fresno, CA 93724. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ALLEN,

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Plaintiff,

1:16-cv-01329-AWI-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(Doc. Nos. 5, 12)
DEPARTMENT OF STATE HOSPITALS
(DSH) - COALINGA, et al.,
Defendants.

This is a civil action filed by David Allen (“Plaintiff”), a pretrial detainee proceeding

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pro se. This action was initiated when Plaintiff filed his complaint in the Fresno County
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Superior Court on February 16, 2016 (Case Number 16CECL01328). (ECF No. 2, p. 6).
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Plaintiff filed an amended complaint on June 20, 2016. (Id. at p. 58). On September 6, 2016,
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defendants State of California, Audrey King, Department of State Hospitals, and Department of
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State Hospitals-Coalinga State Hospital removed the case to federal court by filing a Notice of
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Removal of Action under 28 U.S.C. § 1441. (Id. at p. 1).
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On September 29, 2016, Plaintiff filed a motion to remand the case to state court. (ECF
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No. 5). On October 14, 2016, defendants Audrey King, Department of State Hospitals, and the
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State of California (“Defendants”) filed an opposition to the motion. (ECF No. 7). On

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November 10, 2016, Plaintiff filed a reply. (ECF No. 8).
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On December 29, 2016, Magistrate Judge Erica P. Grosjean entered a Findings and
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Recommendation (“F&R”) that recommended granting the motion to remand. (ECF No. 12).

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The parties were provided an opportunity to file objections to the F&R within thirty days. (Id.).
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No objections were 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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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued by the Magistrate Judge on December 29,

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2016 (Doc. No.12), is ADOPTED in full;
2. Plaintiff’s motion to remand (Doc. No. 5) is GRANTED; and
3. This action is REMANDED forthwith to the Fresno County Superior Court.

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IT IS SO ORDERED.
Dated: February 14, 2017
SENIOR DISTRICT JUDGE

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