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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARY LEE GAINES,

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No. 1:17-cv-01134-DAD-GSA-PC

Plaintiff,

(Madera County Superior Court case
#MCV074759)

Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, REMANDING
CASE TO MADERA COUNTY SUPERIOR
COURT, DIRECTING THE CLERK TO
CLOSE CASE, AND SERVE NOTICE OF
REMAND

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(Doc. No. 9.)

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v.

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J. LEWIS, et al.,

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This is a civil action filed by plaintiff Mary Lee Gaines (“plaintiff”), a state prisoner

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proceeding pro se and in forma pauperis. The matter was referred to a United States Magistrate

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

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This action was initiated by a civil complaint filed by plaintiff in the Madera County

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Superior Court. (Doc. No. 1 at 1.) On August 21, 2017, plaintiff removed the case to federal

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court. (Doc. No. 1 at 43.) On September 5, 2017, findings and recommendations were entered by

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the assigned magistrate judge, recommending that this case be remanded to Madera County

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Superior Court, because the right of removal to federal court belongs to defendants and not

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plaintiffs. (Doc. No. 9.) The parties were granted fourteen days in which to file objections to

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those findings and recommendations. (Id.) The fourteen-day time period has passed, and no
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objections have been filed.
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, the

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

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For these reasons,

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1.

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The findings and recommendations issued on September 5, 2017 (Doc. No. 9), are
adopted in full;

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2.

This action is remanded to Madera County Superior Court;

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3.

All pending motions (see Doc. No. 7) are denied as having been rendered moot by

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this order; and
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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

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