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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO COUNTY,

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No. 2:16-mc-0166 MCE CKD PS

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

KAI’LA CYNTHIA EL BEY aka
KAILA CYNTHIA REDMOND,
Defendant.

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Defendant has filed a notice of removal of a state criminal prosecution. It appears from

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the notice of removal and the exhibits attached thereto that defendant is a private citizen.

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Although certain defendants in state criminal prosecutions are entitled to remove the action to

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federal court, defendant is not a person so authorized pursuant to 28 U.S.C. § 1442 et seq.

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Accordingly, IT IS HEREBY RECOMMENDED that the above-entitled action be

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summarily remanded to the Superior Court of California, County of Sacramento.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: October 14, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 sacto-redmond166.remcrim

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