Tate v. Chavez et al

Filing 9

ORDER REMANDING CASE to Solano County Superior Court signed by Senior Judge William B. Shubb on 2/24/17. CASE CLOSED. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LIONEL TATE, SR.,

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No. 2:16-cv-2336 WBS CKD P

Plaintiff,
v.

ORDER

L. CHAVEZ, et al.,
Defendants.

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On September 29, 2016, defendants removed plaintiff’s civil complaint from the Superior

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Court of Solano County to this court. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 20, 2017, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having

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reviewed the file, the court finds the findings and recommendations to be supported by the record

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and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 20, 2017, are adopted in full;

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2. Any claim arising under federal law in plaintiff’s August 18, 2016 amended complaint

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is deemed voluntarily dismissed;
3. Plaintiff’s August 18, 2016 amended complaint is remanded to the Superior Court of
Solano County; and
4. This case is closed.
Dated: February 24, 2017

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tate2336.801

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