(PS) Powell v. Darling, No. 2:2017cv01035 - Document 14 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 8/3/2017 ADOPTING in FULL 3 Findings and Recommendations; REMANDING CASE to Superior Court of California, County of Placer. Copy of remand order sent to other court. DENYING as MOOT 4 Motion to Dismiss; DENYING as MOOT 6 Motion for Judgment. The Clerk of Court shall close this case. CASE CLOSED (Washington, S)
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(PS) Powell v. Darling Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL POWELL, 12 Plaintiff, 13 14 No. 2:17-cv-01035 KJM CKD (PS) v. ORDER TOMERY POWELL, 15 Defendant. 16 This action was removed from state court on May 16, 2017. On May 31, 2017, the 17 18 magistrate judge filed findings and recommendations which contained notice to all parties that 19 any objections to the findings and recommendations were to be filed within fourteen days. 20 Defendant has filed objections to the findings and recommendations. 21 The court presumes that any findings of fact are correct. See Orand v. United States, 602 22 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 23 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 24 the file, the court finds the findings and recommendations to be supported by the record and by 25 the proper analysis. 26 ///// 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 31, 2017, are adopted in full; 3 2. This action is summarily remanded to the Superior Court of California, County of 4 Placer; 5 3. Defendant’s pending motions (ECF Nos. 4 & 6) are denied as moot; and 6 4. The Clerk of Court shall close this case. 7 DATED: August 3, 2017. 8 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2