Powell v. Darling

Filing 16

ORDER signed by District Judge Morrison C. England, Jr on 7/5/16 ORDERING that the findings and recommendations filed June 15, 2016 are adopted in full; this action is remanded to the Superior Court of California, County of Placer; and the motion to vacate judgment (ECF No. 6 ) is denied for lack of subject matter jurisdiction. CASE CLOSED (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL POWELL,

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Plaintiff,

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

v.

ORDER

TOMERY DARLING,

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Defendant.

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This matter was referred to a United States Magistrate Judge pursuant to Local Rule

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302(c)(21).
On June 15, 2016, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. Objections to the findings

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and recommendations have been filed.
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 June 15, 2016 are adopted in full;

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2. This action is remanded to the Superior Court of California, County of Placer; and

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3. The motion to vacate judgment (ECF No. 6) is denied for lack of subject matter

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jurisdiction.
IT IS SO ORDERED.
Dated: July 5, 2016

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