Bland v. CSPC Warden, No. 1:2019cv00219 - Document 5 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER REMANDING CASE to Kings County Superior Court for Lack of Subject Matter Jurisdiction; and ORDER Directing Clerk of Court to Close Action signed by Chief Judge Lawrence J. O'Neill on 4/10/2019. CASE CLOSED. Copy of remand order mailed to Kings County Superior Court, 1640 Kings County Drive, Hanford, CA 93230. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA DAVIS BLAND, Plaintiff, 12 13 14 15 Case No. 1:19-cv-00219-LJO-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, REMANDING ACTION TO KINGS COUNTY SUPERIOR COURT AND DIRECTING CLERK OF THE COURT TO CLOSE THIS ACTION v. CSPC WARDEN, (ECF No. 4) Defendant. 16 17 Joshua Davis Bland (“Plaintiff”), and inmate appearing pro se in this common law 18 copyright infringement action filed this action in the Kings County Superior Court on November 19 26, 2018. On February 14, 2019, Defendant removed this action to the Eastern District of 20 California. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 21 636(b)(1)(B) and Local Rule 302. 22 On March 1, 2019, the magistrate judge filed findings and recommendations 23 recommending that this action be remanded to state court for lack of jurisdiction. The findings 24 and recommendations were served on the parties and contained notice that any objections to the 25 findings and recommendations were to be filed within fourteen days from the date of service. 26 The period for filing objections has passed and no objections have been filed. 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 28 de novo review of this case. Having carefully reviewed the entire file, the court finds the 1 1 findings and recommendations to be supported by the record and by proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. FULL; 4 5 2. 6 7 The findings and recommendations, filed March 1, 2019, are ADOPTED IN This matter is remanded back to the Kings County Superior Court for lack of subject matter jurisdiction; and 3. The Clerk of the Court is directed to close this action. 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ April 10, 2019 UNITED STATES CHIEF DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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