Powell v. Darling
Filing
14
ORDER signed by District Judge Kimberly J. Mueller on 8/3/2017 ADOPTING in FULL 3 Findings and Recommendations; REMANDING CASE to Superior Court of California, County of Placer. Copy of remand order sent to other court. DENYING as MOOT 4 Motion to Dismiss; DENYING as MOOT 6 Motion for Judgment. The Clerk of Court shall close this case. CASE CLOSED (Washington, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
MICHAEL POWELL,
12
Plaintiff,
13
14
No. 2:17-cv-01035 KJM CKD (PS)
v.
ORDER
TOMERY POWELL,
15
Defendant.
16
This action was removed from state court on May 16, 2017. On May 31, 2017, the
17
18
magistrate judge filed findings and recommendations which contained notice to all parties that
19
any objections to the findings and recommendations were to be filed within fourteen days.
20
Defendant has filed objections to the findings and recommendations.
21
The court presumes that any findings of fact are correct. See Orand v. United States, 602
22
F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
23
See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed
24
the file, the court finds the findings and recommendations to be supported by the record and by
25
the proper analysis.
26
/////
27
/////
28
/////
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The findings and recommendations filed May 31, 2017, are adopted in full;
3
2. This action is summarily remanded to the Superior Court of California, County of
4
Placer;
5
3. Defendant’s pending motions (ECF Nos. 4 & 6) are denied as moot; and
6
4. The Clerk of Court shall close this case.
7
DATED: August 3, 2017.
8
9
10
UNITED STATES DISTRICT JUDGE
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?