Bigoski-Odom v. Solano County Justice Center et al

Filing 55

ORDER signed by District Judge Kimberly J. Mueller on 09/29/2017. The court DECLINES to adopt the findings and recommendations 53 and REMANDS the matter back to the magistrate judge. (Andrews, P)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RYAN BIGOSKI-ODOM, 12 Plaintiff, 13 14 15 v. No. 2:12-CV-0197-KJM-CMK-P ORDER JAMES FIRMAN, et al., Defendants. 16 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 19 U.S.C. ยง 1983. The matter was referred to a United States Magistrate Judge as provided by 20 Eastern District of California local rules. 21 On September 8, 2017, the Magistrate Judge filed findings and recommendations, 22 which were served on the parties and which contained notice that the parties may file objections 23 within a specified time. Timely objections to the findings and recommendations have been filed. 24 The court finds, after careful review, the findings and recommendations are neither 25 sufficiently explained nor sufficiently supported by the record or case law for this court to 26 determine if the proposed determination is correct as a matter of law. Accordingly, the court 27 DECLINES to adopt the findings and recommendations and instead REMANDS the matter to the 28 magistrate judge for the preparation of a new document that fully explains his findings and 1 1 recommendations and the reasons therefor. The parties shall have a new opportunity to file 2 objections to those findings and recommendations once they are filed. 3 IT IS SO ORDERED. 4 This order resolves ECF No. 53. 5 DATED: September 29, 2017. 6 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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