Gaines v. Lewis et al

Filing 11

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARY LEE GAINES, 12 No. 1:17-cv-01134-DAD-GSA-PC Plaintiff, (Madera County Superior Court case #MCV074759) Defendants. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, REMANDING CASE TO MADERA COUNTY SUPERIOR COURT, DIRECTING THE CLERK TO CLOSE CASE, AND SERVE NOTICE OF REMAND 17 (Doc. No. 9.) 13 v. 14 J. LEWIS, et al., 15 18 19 This is a civil action filed by plaintiff Mary Lee Gaines (“plaintiff”), a state prisoner 20 proceeding pro se and in forma pauperis. The matter was referred to a United States Magistrate 21 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 This action was initiated by a civil complaint filed by plaintiff in the Madera County 23 Superior Court. (Doc. No. 1 at 1.) On August 21, 2017, plaintiff removed the case to federal 24 court. (Doc. No. 1 at 43.) On September 5, 2017, findings and recommendations were entered by 25 the assigned magistrate judge, recommending that this case be remanded to Madera County 26 Superior Court, because the right of removal to federal court belongs to defendants and not 27 plaintiffs. (Doc. No. 9.) The parties were granted fourteen days in which to file objections to 28 those findings and recommendations. (Id.) The fourteen-day time period has passed, and no 1 1 2 objections have been filed. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 3 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 4 court finds the findings and recommendations to be supported by the record and proper analysis. 5 For these reasons, 6 1. 7 The findings and recommendations issued on September 5, 2017 (Doc. No. 9), are adopted in full; 8 2. This action is remanded to Madera County Superior Court; 9 3. All pending motions (see Doc. No. 7) are denied as having been rendered moot by 10 11 12 13 this order; and 4. The Clerk of Court is directed to close this case and serve notice of the remand. IT IS SO ORDERED. Dated: November 27, 2017 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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