Ryan Family Trust v. Chairez

Filing 6

ORDER adopting in full 4 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 4/15/14. This action is REMANDED to the San Joaquin County Superior Court in Case No. 39-2013-00303361-CL-UD-MAN for lack of subject matter jurisdiction. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RYAN FAMILY TRUST,

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No. 2:14-cv-97 JAM AC PS

Plaintiff,
v.

ORDER

CARMAN CHAIREZK,

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Defendant.

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The matter was referred to a United States Magistrate Judge pursuant to Local Rule
302(c)(21).
On February 5, 2014, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. On February 11, 2014

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plaintiff filed what the court construes as a request for clarification of the magistrate judge’s

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findings and recommendations. Plaintiff asks that the order of dismissal clarify to which state

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action the present case is referring.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) 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 by proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 5, 2014, are adopted in full;

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2. This action is remanded to the San Joaquin County Superior Court in Case No. 39-

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2013-00303361-CL-UD-MAN for lack of subject matter jurisdiction.

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DATED: April 15, 2014

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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