Martin v. Beck

Filing 28

ORDER signed by Judge Kimberly J. Mueller on 4/28/15 ORDERING that, upon reconsideration, the order of the Magistrate Judge filed 2/5/15 is AFFIRMED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LANELL MARTIN,

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Plaintiff,

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No. 2: 14-cv-2956 KJM KJN P

v.

ORDER

PHILLIP H. BECK,

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Defendant.

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On February 24, 2015, plaintiff filed a request for reconsideration of the magistrate

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judge’s order filed February 5, 2015, denying plaintiff’s request for removal. Under E.D. Local

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Rule 303(f), a magistrate judge’s orders shall be upheld unless “clearly erroneous or contrary to

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law.” Id. Upon review of the entire file, the court finds the magistrate judge’s ruling is not

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clearly erroneous or contrary to law.1
Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the

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magistrate judge filed February 5, 2015, is affirmed.

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DATED: April 28, 2015.
UNITED STATES DISTRICT JUDGE

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The magistrate judge’s order correctly finds that only defendants are authorized to remove
actions to federal court. See Order filed February 5, 2015, at 5. The court notes that removal of a
state court action to federal court is accomplished by filing a notice of removal. See 28 U.S.C.
§ 1446(a).
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