Powell v. Darling

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/27/2016 ORDERING that plaintiff's motion to quash (ECF No. 8 ) and motion to stay (ECF No. 9 ) are DENIED without prejudice. (Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL POWELL,

12
13
14

No. 2:16-cv-1047 MCE CKD PS

Plaintiff,
v.

ORDER

TOMERY DARLING,

15

Defendant.

16
17

This action was removed from state court. On June 15, 2016, findings and

18

recommendations were filed recommending that this action be remanded to state court for lack of

19

subject matter jurisdiction under the Rooker-Feldman doctrine. That same day, defendant filed

20

two motions, a motion to quash and a motion to stay. In light of the pending findings and

21

recommendations, the motions will be denied without prejudice to their renewal upon resolution

22

by the District Judge of the findings and recommendations.

23

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to quash (ECF No. 8)

24

and motion to stay (ECF No. 9) are denied without prejudice.

25

Dated: June 27, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

26
27
28

4 powell-darling0304.fts

1