(PS) Hilkey et al v. Savage et al, No. 2:2017cv02674 - Document 25 (E.D. Cal. 2018)

Court Description: ORDER adopting 20 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 3/16/18. The motion to dismiss 5 by Defendant United States of America is GRANTED. All claims against Defendants United States of America and Michael B eckwith are DISMISSED with prejudice. The motion to dismiss 6 by Defendants Alan Savage and Daniel Kalt is GRANTED in part. All claims against Defendants Alan Savage and Daniel Kalt are REMANDED to the Nevada County Superior Court. CASE CLOSED (cc: Certified copy of this order served on the Clerk of the Nevada County Superior Court)(Kastilahn, A)

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(PS) Hilkey et al v. Savage et al Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES MILLER HILKEY, JR., 12 13 14 15 No. 2:17-cv-02674-TLN-CKD PS Plaintiff, v. ORDER ALAN ZANE SAVAGE, et al., Defendants. 16 17 On January 31, 2018, the magistrate judge filed findings and recommendations, which 18 were served on the parties and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen (14) days. (ECF No. 20) On February 13, 20 2018, Plaintiff filed objections to the findings and recommendations. (ECF No. 21.) Defendants 21 subsequently filed responses. (ECF Nos. 22, 23.) Plaintiff filed a reply. (ECF No. 24.) 22 In accordance with the provisions of 28 U.S.C. ยง 636(b)(1)(C) and Local Rule 304, this 23 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 24 Court finds the findings and recommendations to be supported by the record and by proper 25 analysis. Accordingly, IT IS HEREBY ORDERED that: 26 1. The findings and recommendations (ECF No. 20) are ADOPTED. 27 2. The motion to dismiss by Defendant United States of America (ECF No. 5) is 28 GRANTED. 1 Dockets.Justia.com 1 2 3 4 5 6 3. All claims against Defendants United States of America and Michael Beckwith are DISMISSED with prejudice. 4. The motion to dismiss by Defendants Alan Savage and Daniel Kalt (ECF No. 6) is GRANTED in part, as set forth in the findings and recommendations. 5. All claims against Defendants Alan Savage and Daniel Kalt are REMANDED to the Nevada County Superior Court. 7 6. The Clerk of Court shall serve a certified copy of the order on the Clerk of the Nevada 8 County Superior Court, and reference the state case number (CU17-082569) in the 9 proof of service. 10 7. The Clerk of Court shall close this case and vacate all dates. 11 12 Dated: March 16, 2018 13 14 15 16 Troy L. Nunley United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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