Pollard & Wheeler Properties, LLC v. Cearley

Filing 8

ORDER signed by District Judge Troy L. Nunley on 6/9/2015 ADOPTING IN FULL 4 Findings and Recommendations; REMANDING this action to Superior Court of California, County of San Joaquin; ADOPTING IN FULL 7 Findings and Recommendations; DENYING 5 Motion for Temporary Restraining Order. Copy of remand order sent to other court. CASE CLOSED. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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POLLARD & WHEELER PROPERTIES,
LLC,
Plaintiff,

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ORDER
v.

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No. 2:15-cv-1068 TLN AC (PS)

RONALD CEARLEY,
Defendant.

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Plaintiff is proceeding in this action in pro per. The matter was referred to a United States

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Magistrate Judge pursuant to Local Rule 302(c)(21).
On May 26, 2015, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. (ECF No. 4.) Plaintiff has

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filed objections to the findings and recommendations. (ECF No. 6.)
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 May 26, 2015 (ECF No. 4), are adopted in

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full;

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2. Thus, this action is remanded to the San Joaquin County Superior Court;

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3. Given that this Court lacks subject matter jurisdiction, it cannot grant the relief

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requested in Plaintiff’s Motion for Temporary Restraining Order (ECF No. 5);

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4. Therefore, the subsequent findings and recommendations filed June 9, 2015 (ECF No.

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7) are adopted in full and Plaintiff’s Motion for Temporary Restraining Order (ECF

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No. 5) is DENIED.

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IT IS SO ORDERED.

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Dated: June 9, 2015

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Troy L. Nunley
United States District Judge

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