Sacramento County v. Redmond

Filing 2

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/14/16 recommending that this action be summarily remanded to the Superior Court of California, County of Sacramento. F&R referred to District Judge Morrison C. England, Jr.. Objections to F&R due within fourteen days. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SACRAMENTO COUNTY, 12 13 14 15 16 No. 2:16-mc-0166 MCE CKD PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS KAI’LA CYNTHIA EL BEY aka KAILA CYNTHIA REDMOND, Defendant. 17 18 Defendant has filed a notice of removal of a state criminal prosecution. It appears from 19 the notice of removal and the exhibits attached thereto that defendant is a private citizen. 20 Although certain defendants in state criminal prosecutions are entitled to remove the action to 21 federal court, defendant is not a person so authorized pursuant to 28 U.S.C. § 1442 et seq. 22 Accordingly, IT IS HEREBY RECOMMENDED that the above-entitled action be 23 summarily remanded to the Superior Court of California, County of Sacramento. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, any party may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 1 1 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 2 Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: October 14, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 4 sacto-redmond166.remcrim 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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