(PC) People of California v. Simmons, No. 2:2021cv01338 - Document 14 (E.D. Cal. 2022)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 5/23/2022 ADOPTING 10 Findings and Recommendations in full, REMANDING CASE to Sacramento County Superior Court. Certified copy of remand order sent to other court. CASE CLOSED. (Coll, A)
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(PC) People of California v. Simmons Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, 13 ORDER v. 14 15 No. 2:21-cv-1338 KJM KJN P MELVIN SIMMONS, Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 20 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 4, 2021, the magistrate judge filed findings and recommendations, which 21 22 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 23 and recommendations were to be filed within fourteen days. Plaintiff filed objections to the 24 findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 26 court conducted a de novo review of this case. Having carefully reviewed the file, the court finds 27 the findings and recommendations to be supported by the record and by proper analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 4, 2021, are adopted in full; 3 2. This action is summarily remanded to the Superior Court of California, County of 4 5 6 Sacramento; and 3. This case is closed. DATED: May 23, 2022. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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