(PC) Steward v. Pfeiffer, et al., No. 1:2022cv00746 - Document 17 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 14 Findings and Recommendations, signed by District Judge Ana de Alba on 7/17/2023. 11 Motion to Amend the Complaint Denied. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNY STEWARD, 12 13 14 15 Plaintiff, Case No. 1:22-cv-00746-ADA-HBK (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION v. (ECF No. 14) C. PFEIFFER, et al., Defendants. 16 17 Plaintiff Donny Steward is a state prisoner proceeding pro se in this civil rights action. 18 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 19 and Local Rule 302. 20 On January 10, 2023, Plaintiff filed a motion styled as a motion to amend his complaint. 21 (ECF No. 11.) Because Plaintiff did not identify any proposed amendments and instead sought 22 remand of his case back to state court, however, the Magistrate Judge construed the motion as a 23 Motion to Remand. (ECF No. 14 at 1-2). On June 6, 2023, the Magistrate Judge issued a 24 findings and recommendations (“F&R”) denying Plaintiff’s Motion, finding federal jurisdiction 25 was proper, and that Plaintiff did not articulate a cognizable basis for remand. (Id. at 3). The 26 F&R was served upon Plaintiff at his address of record and Plaintiff was given 14 days to 27 respond. (See docket). To date, Plaintiff has not filed any response to the June 6, 2023, F&R, 28 and the time to do so has expired. 1 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this 2 case. Having carefully reviewed the entire file, the Court concludes that the findings and 3 recommendation are supported by the record and proper analysis. 4 Thus, the Court ORDERS: 5 1. The findings and recommendations issued on June 6, 2023 (ECF No. 14) are 6 7 ADOPTED in full. 2. Plaintiff’s motion is denied, and the matter is returned to the Magistrate Judge for 8 further proceedings. 9 10 11 12 IT IS SO ORDERED. Dated: July 17, 2023 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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