-SKO Boyack et al v. Eleson, No. 1:2011cv00416 - Document 15 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 10 FINDINGS AND RECOMMENDATIONS that Plaintiffs' 5 Motion for Remand be Granted signed by Chief Judge Anthony W. Ishii on 06/03/2011. REMANDING CASE to Tuolumne County Superior Court. Copy of remand order sent to other court. CASE CLOSED.(Flores, E)

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-SKO Boyack et al v. Eleson Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DOUGLAS C. BOYACK, et al., 12 Plaintiffs, 13 CASE NO. 1:11-cv-00416-AWI-SKO ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT PLAINTIFFS' MOTION FOR REMAND BE GRANTED v. 14 ERIC RICHARD ELESON, 15 (Docs. 5, 10) Defendant. 16 / 17 18 On April 22, 2011, the Magistrate Judge issued Findings and Recommendations that 19 Plaintiffs’ motion to remand be granted. These Findings and Recommendations were served on all 20 parties appearing in the action and contained notice that any objections were to be filed within 21 seventeen (17) days after service of the order. On May 5, 2011, Defendant Eleson filed objections. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 23 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 24 Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The April 22, 2011, Findings and Recommendations are adopted IN FULL; 27 2. Plaintiffs’ request for judicial notice is GRANTED; 28 3. Plaintiffs’ motion to remand this matter to the Tuolumne County Superior Court is Dockets.Justia.com 1 GRANTED; 2 4. Defendant’s motion to proceed in forma pauperis is DENIED AS MOOT; and 3 5. This action is to be administratively closed. 4 5 IT IS SO ORDERED. 6 7 Dated: 0m8i78 June 3, 2011 CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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