Gaines v. Lewis et al
ORDER Adopting 9 FINDINGS AND RECOMMENDATIONS, REMANDING CASE to Madera County Superior Court, DIRECTING the Clerk to CLOSE CASE, and SERVE Notice of Remand signed by District Judge Dale A. Drozd on 11/27/2017. CASE CLOSED. (Sant Agata, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MARY LEE GAINES,
(Madera County Superior Court case
ORDER ADOPTING FINDINGS AND
CASE TO MADERA COUNTY SUPERIOR
COURT, DIRECTING THE CLERK TO
CLOSE CASE, AND SERVE NOTICE OF
(Doc. No. 9.)
J. LEWIS, et al.,
This is a civil action filed by plaintiff Mary Lee Gaines (“plaintiff”), a state prisoner
proceeding pro se and in forma pauperis. The matter was referred to a United States Magistrate
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
This action was initiated by a civil complaint filed by plaintiff in the Madera County
Superior Court. (Doc. No. 1 at 1.) On August 21, 2017, plaintiff removed the case to federal
court. (Doc. No. 1 at 43.) On September 5, 2017, findings and recommendations were entered by
the assigned magistrate judge, recommending that this case be remanded to Madera County
Superior Court, because the right of removal to federal court belongs to defendants and not
plaintiffs. (Doc. No. 9.) The parties were granted fourteen days in which to file objections to
those findings and recommendations. (Id.) The fourteen-day time period has passed, and no
objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this
court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
court finds the findings and recommendations to be supported by the record and proper analysis.
For these reasons,
The findings and recommendations issued on September 5, 2017 (Doc. No. 9), are
adopted in full;
This action is remanded to Madera County Superior Court;
All pending motions (see Doc. No. 7) are denied as having been rendered moot by
this order; and
The Clerk of Court is directed to close this case and serve notice of the remand.
IT IS SO ORDERED.
November 27, 2017
UNITED STATES DISTRICT JUDGE
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