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