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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?