-GBC (PC) Miller v. Cate et al, No. 1:2011cv01111 - Document 55 (E.D. Cal. 2011)

Court Description: ORDER Adopting 48 FINDINGS AND RECOMMENDATIONS and GRANTING Defendants McManus and Suzuki's 11 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 11/18/2011. Copy of remand order sent to Fresno County Superior Court. (Sant Agata, S)
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-GBC (PC) Miller v. Cate et al Doc. 55 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 REGINALD DARRELL MILLER, 10 11 12 CASE NO. 1:11-cv-01111-LJO-GBC (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANTS MCMANUS AND SUZUKI’S MOTION TO DISMISS v. MATTHEW CATE, et al., Docs. 11 & 48 13 Defendants. / 14 15 Plaintiff is a civil detainee proceeding pro se in a 42 U.S.C. § 1983 civil rights action 16 removed by Defendants. The matter was referred to a United States Magistrate Judge pursuant to 28 17 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On July 11, 2011, Defendants McManus and Suzuki filed a Motion to Dismiss. On 19 September 16, 2011, the Magistrate Judge issued Findings and Recommendations, recommending 20 granting Defendants McManus and Suzuki’s Motion to Dismiss. Plaintiff has not submitted any 21 objections to the Findings and Recommendations of the Magistrate Judge. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 23 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 24 Recommendations to be supported by the record and by proper analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. 27 28 The Court adopts the Findings and Recommendations, filed September 16, 2011, in full; 2. Defendants McManus and Suzuki’s Motion to Dismiss, filed July 11, 2011, is GRANTED; Dockets.Justia.com 1 3. Defendants McManus and Suzuki are DISMISSED from this action; 2 4. The Court DECLINES to exercise supplemental jurisdiction over Plaintiff’s state law 3 claims against Defendants Suzuki and McManus; and 4 5. 5 Plaintiff’s state law claims are DISMISSED without prejudice and REMANDED to Fresno County Superior Court for further proceedings. 6 IT IS SO ORDERED. 7 Dated: b9ed48 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 November 18, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE