Orellana v. CDCR et al

Filing 11

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/9/2014 DENYING plaintiff's 10 motion for removal; and this action is DISMISSED with prejudice for failure to state a claim. CASE CLOSED. (Yin, K)

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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 FRED F. ORELLANA, 12 13 14 No. 2:14-cv-2282 CKD P Plaintiff, v. ORDER CDCR, et al., 15 Defendant. 16 17 By order filed October 28, 2014, plaintiff’s complaint was dismissed for failure to state a 18 claim and thirty days leave to file an amended complaint was granted. The thirty day period has 19 now expired, and plaintiff has not filed an amended complaint. Rather, he has filed a motion 20 seeking to have this action transferred to state court so that he may proceed on a negligence claim 21 (ECF No. 10), a request outside the scope of this court’s duties. Plaintiff has consented to this 22 court’s jurisdiction pursuant to 28 U.S.C. § 636(c) and Local Rule 302. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. Plaintiff’s motion for removal (ECF No. 10) is denied; and 25 2. This action is dismissed with prejudice for failure to state a claim. 26 Dated: December 9, 2014 27 28 2 / orel2282.fta _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

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