Powell v. Darling

Filing 34

ORDER signed by District Judge Kimberly J. Mueller on 8/3/2017 ADOPTING in FULL 12 Findings and Recommendations; DENYING 2 Motion to Proceed IFP; DENYING as MOOT 17 Motion to Dismiss; DENYING as MOOT 18 Motion to Dismiss; This matter is summarily REMANDED to the Placer County Superior Court. Copy of remand order sent to other court. CASE CLOSED (Washington, S) Modified on 8/4/2017 (Washington, S).

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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. 2:17-cv-0392 KJM DB PS

v.

ORDER

TOMERY DARLING,

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Defendant.

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The parties are proceeding pro se with the above-entitled action. The matter was referred

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to a United States Magistrate Judge as provided by Local Rule 302(c)(21).

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On May 23, 2017, the magistrate judge filed findings and recommendations, which were

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

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and recommendations were to be filed within fourteen days after service of the findings and

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recommendations. Defendant has filed objections to the findings and recommendations.

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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 reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 23, 2017 (ECF No. 12) are adopted in

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full;
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2. Defendant’s February 22, 2017 motion to proceed in forma pauperis (ECF No. 2) is
denied;

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3. Defendant’s May 31, 2017 motions to dismiss (ECF Nos. 17–18) are denied as moot;
and
4. This matter is summarily remanded to the Placer County Superior Court.
DATED: August 3, 2017.

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UNITED STATES DISTRICT JUDGE

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/powell0392.jo

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