(PC) El-Shaddai v. Runnels, No. 2:2007cv01247 - Document 5 (E.D. Cal. 2007)

Court Description: FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 7/9/07 RECOMMENDING that this action be remanded to the Lassen County Superior Court and the clerk shall close this case. Objections due within 20 days after being served with these findings and recommendations. (Donati, J)

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(PC) El-Shaddai v. Runnels Doc. 5 Case 2:07-cv-01247-FCD-EFB Document 5 Filed 07/09/2007 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADONAI EL-SHADDAI, Plaintiff, 11 vs. 12 13 No. CIV S-07-1247 FCD EFB P D.L. RUNNELS, Warden, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 Plaintiff, a prisoner without counsel, has filed a document styled as a “notice of removal 16 17 of action under 28 U.S.C. 1441(b).” United States Code § 1441(a) provides that “any civil 18 action brought in a State court of which the United States have original jurisdiction, may be 19 removed by the defendant or defendants, to the district court of the United States for the district 20 and division embracing the place where such action is pending” (emphasis added). This matter 21 was improvidently removed by plaintiff, and as such the court recommends that it be remanded 22 to the state court in which it was initiated. 23 Accordingly, IT IS HEREBY RECOMMENDED that: 24 1. This case be remanded to the Lassen County Superior Court; and 25 //// 26 //// Dockets.Justia.com Case 2:07-cv-01247-FCD-EFB Document 5 Filed 07/09/2007 Page 2 of 2 1 2. The Clerk of the Court close this case. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Turner v. 8 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: July 9, 2007. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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