Williams v. Passini et al

Filing 3

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/19/17 ORDERING that the Clerk of the Court shall appoint a district judge to this action; and it is RECOMMENDED that this action be dismissed. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

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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 LANCE WILLIAMS, 12 13 14 No. 2: 17-cv-0076 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS MATILDA PASSINI, et al., 15 Defendants. 16 17 On January 12, 2017, plaintiff filed a notice of removal pursuant to 28 U.S.C. § 1441. 18 Plaintiff requests that a civil action filed by plaintiff in the Solano County Superior Court be 19 removed to this court. 20 Title 28 U.S.C. § 1441 provides that only defendants may seek removal. Because plaintiff 21 is not authorized to remove this action, the undersigned recommends that this action be 22 dismissed. 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge to this action; and 25 IT IS HEREBY RECOMMENDED that this action be dismissed. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 3 failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: January 19, 2017 6 7 8 9 10 Will76.dis 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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