(PS) McCain v. California Superior Court San Joaquin County, No. 2:2009cv03418 - Document 4 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 12/22/09, RECOMMENDING that this action be summarily remanded to the San Joaquin County Superior Court. Matter referred to Judge Burrell. Within 14days after being served with these f&r's, pltf may file written objections with the court.(Kastilahn, A)
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(PS) McCain v. California Superior Court San Joaquin County Doc. 4 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 TERRYLYN MCCAIN, 10 Plaintiff, 11 12 No. 2:09-cv-3418 GEB JFM PS vs. SAN JOAQUIN COUNTY SUPERIOR COURT, 13 14 15 16 Defendant. FINDINGS AND RECOMMENDATIONS / Plaintiff has filed a notice of removal of a state criminal prosecution. Pursuant to 17 28 U.S.C. § 1446(c)(3), where the notice of removal demonstrates that removal should not be 18 permitted, the court shall make an order for summary remand. It appears from the notice of 19 removal and the exhibits attached thereto that defendant is a private citizen. Although certain 20 defendants in state criminal prosecutions are entitled to remove the action to federal court, 21 defendant is not a person so authorized pursuant to 28 U.S.C. § 1442 et seq. 22 23 24 Accordingly, IT IS HEREBY RECOMMENDED that the above-entitled action be summarily remanded to the San Joaquin County Superior Court. These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned “Objections to Magistrate Judge’s Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: December 22, 2009. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /001;mccain.remd
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