Powell v. Darling

Filing 11

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/18/17 Recommending that this Action be summarily remanded to the Superior Court of California, County of Placer re 1 Notice of Removal. These Findings and Recommendations are submitted to Judge Kimberly J. Mueller. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)

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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 MICHAEL POWELL, 12 13 14 15 No. 2:17-cv-01035 KJM CKD (PS) Plaintiff, v. TOMERY POWELL (DARLING), FINDINGS AND RECOMMENDATIONS Defendant. 16 17 On June 22, 2017, the district judge in this action ordered defendant to show cause within 18 fourteen days why this case should not be remanded to state court for untimely removal under 28 19 U.S.C. § 1446(b). Defendant has responded to the order to show cause; however, she fails to 20 show why this action should not be remanded for untimely removal. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that the above-entitled action be summarily remanded to the Superior Court of California, County of Placer. 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 28 shall be served and filed within seven days after service of the objections. The parties are advised 1 1 that failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: July 18, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 2 / powe1035.remand(2) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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