(PC) Hamilton v. Corujo, No. 2:2017cv00817 - Document 23 (E.D. Cal. 2017)
Court Description: ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 12/19/17 GRANTING 15 Motion to Remand; case is REMANDED to Amador County Superior Court. Copy of remand order sent to other court. CASE CLOSED (Benson, A.)
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(PC) Hamilton v. Corujo Doc. 23 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID HAMILTON, 12 Plaintiff, 13 14 No. 2:17-cv-0817 JAM KJN P v. ORDER K. CORUJO, 15 Defendant. 16 Plaintiff is a state prisoner proceeding pro se. Defendant removed this action from the 17 18 Amador County Superior Court, Case No. 17-CVC-09963. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 31, 2017, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Defendant has filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 31, 2017, are adopted in full; 3 2. Plaintiff’s motion to remand (ECF No. 15) is granted; 4 3. This action is remanded to the Amador County Superior Court for lack of subject 5 6 matter jurisdiction; and 4. The Clerk of the Court is directed to serve a copy of this order on the Amador County 7 Superior Court. 8 DATED: 12/19/2017 9 /s/ John A. Mendez_______________________ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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