Clark v. California Department of Corrections and Rehabilitation et al

Filing 14

ORDER adopting in full 13 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 6/11/15; and this case is REMANDED to the Superior Court of the State of California, County of Sacramento. CASE CLOSED. (Certified copy of this order sent to state court. ) (Kastilahn, A)

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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 MICHAEL CLARK, 12 13 14 15 16 No. 2:14-cv-2066-KJM-EFB P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. 17 18 19 Plaintiff is a state prisoner proceeding without counsel in this civil action. The matter was referred to a United States Magistrate Judge under 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 3, 2015, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. Neither party has filed objections to 23 the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 3, 2015, are adopted in full; 3 2. This action is remanded to the Superior Court of the State of California in and for the 4 5 6 County of Sacramento; and 3. The Clerk is directed to close this case and terminate all pending motions. DATED: June 11, 2015. 7 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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