(PC) Lamon v. McTaggart et al

Filing 10

ORDER REQUIRING Defendants to Respond to 5 Plaintiff's Motion to Remand this Action to State Court, signed by Magistrate Judge Barbara A. McAuliffe on 1/17/2023. Defendants shall file a response to Plaintiff's motion to remand this action to state court, (ECF No. 5 ), within twenty-one (21) days from the date of service of this order. Plaintiff may file a reply, if any, within fourteen (14) days of the date of service of Defendants' response. (Rivera, O)

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Case 1:22-cv-01421-BAM Document 10 Filed 01/17/23 Page 1 of 1 1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 BARRY LOUIS LAMON, 6 Plaintiff, 7 8 v. ORDER REQUIRING DEFENDANTS TO RESPOND TO PLAINTIFF’S MOTION TO REMAND THIS ACTION TO STATE COURT MCTAGGART, et al., (ECF No. 5) 9 Defendants. TWENTY-ONE (21) DAY DEADLINE 10 11 Case No. 1:22-cv-01421-BAM (PC) Plaintiff Barry Louis Lamon (“Plaintiff”) is a state prisoner proceeding pro se in this civil 12 rights action pursuant to 42 U.S.C. § 1983. This action was removed from Kings County 13 Superior Court on November 3, 2022. (ECF No. 1.) 14 On December 22, 2022, following an extension of time, Plaintiff filed a motion to remand 15 this action to state court. (ECF No. 5.) Defendants did not file a response to Plaintiff’s motion to 16 remand, and the deadline has since expired. Having reviewed Plaintiff’s motion, the Court finds 17 it appropriate to obtain a response from Defendants regarding Plaintiff’s motion to remand. 18 Accordingly, IT IS HEREBY ORDERED as follows: 19 1. Defendants shall file a response to Plaintiff’s motion to remand this action to state court, 20 (ECF No. 5), within twenty-one (21) days from the date of service of this order; and 21 22 2. Plaintiff may file a reply, if any, within fourteen (14) days of the date of service of Defendants’ response. 23 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara January 17, 2023 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 1

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