-BAM (PC) Gaston v. Redmon, No. 1:2009cv01434 - Document 32 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 29 FINDINGS AND RECOMMENDATIONS; ORDER DISMISSING Federal Claims With Prejudice; and ORDER REMANDING ACTION to Kern County Superior Court, signed by Chief Judge Anthony W. Ishii on 11/8/2011. Copy of remand order mailed to Kern County Superior Court. CASE CLOSED. (Jessen, A)

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-BAM (PC) Gaston v. Redmon Doc. 32 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ANTHONY GASTON, CASE NO. 1:09-cv-01434-AWI-BAM PC 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION; DISMISSING FEDERAL C LAIMS, W ITH P R EJ UDIC E; AND REMANDING ACTION TO KERN COUNTY SUPERIOR COURT 13 v. 14 TOMMY REDMON, 15 Defendant. 16 (ECF. No. 29) / 17 Plaintiff Anthony Gaston (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Defendant removed this matter from Kern County Superior 19 Court on August 14, 2009. The matter was referred to a United States Magistrate Judge pursuant 20 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 12, 2011, the Magistrate Judge issued findings and recommendations 22 recommending that the federal claims be dismissed for failure to state a claim and the action be 23 remanded to Kern County Superior Court for resolution of any remaining state law claims. The 24 parties were given thirty days within which to file objections, and none were filed. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 26 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 27 and recommendations to be supported by the record and by proper analysis. 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed September 12, 2011, is adopted in full; 3 2. The federal claims in this action, are dismissed, with prejudice, based on Plaintiff’s 4 5 failure to state a claim upon which relief may be granted under section 1983; and 3. 6 7 The Clerk of the Court is directed to remand the case to Kern County Superior Court and to close this case. IT IS SO ORDERED. 8 9 Dated: 0m8i78 November 8, 2011 CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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