(PC) Troy A. Rhodes v. Sherman, No. 1:2014cv00494 - Document 11 (E.D. Cal. 2014)

Court Description: ORDER Adopting FINDINGS AND RECOMMENDATIONS (Doc. 9 ), ORDER REMANDING CASE to Kings County Superior Court, ORDER For Clerk To Close Case And Serve Notice Of Remand, signed by District Judge Anthony W. Ishii on 5/22/2014. Copy of remand order sent to other court. CASE CLOSED.(Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TROY ANTHONY RHODES, 1:14-cv-00494-AWI-GSA-PC [Kings County Superior Court case #12-C-0319] 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 9.) 13 vs. 14 S. SHERMAN, 15 16 17 Defendant. ORDER REMANDING CASE TO KINGS COUNTY SUPERIOR COURT ORDER FOR CLERK TO CLOSE CASE AND SERVE NOTICE OF REMAND 18 19 20 Troy Andrews (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 21 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 22 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On April 14, 2014, findings and recommendations were entered, recommending that 24 this action be remanded to the Kings County Superior Court. (Doc. 9.) The parties were 25 granted thirty days in which to file objections to the findings and recommendations. (Id.) On 26 April 21, 2014, Plaintiff filed a notice of non-opposition to the findings and recommendations. 27 (Doc. 10.) To date, Defendant Sherman has not filed objections or otherwise responded to the 28 findings and recommendations. (Court Record.) 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and proper 4 analysis. 5 Accordingly, THE COURT HEREBY ORDERS that: 6 1. 7 8 The Findings and Recommendations issued by the Magistrate Judge on April 14, 2014, are adopted in full; 2. 9 This action is remanded to the Kings County Superior Court pursuant to 28 U.S.C. § 1447(c) for lack of subject matter jurisdiction; 10 3. All pending motions are denied as moot; and 11 4. The Clerk of Court is directed to close this case and serve notice of the remand. 12 13 14 IT IS SO ORDERED. Dated: May 22, 2014 SENIOR DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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