(PS) Emerson v. Mitchell ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KATHLEEN EMERSON, et al., No. 2:19-cv-01529-TLN-DB 12 Plaintiffs, 13 v. ORDER 14 KRISTA MITCHELL, 15 Defendant. 16 17 18 On August 9, 2019, Defendant Krista Mitchell (“Defendant”), proceeding pro se, filed a 19 Notice of Removal of this action, Yolo County Superior Court Case No. PT19-1466, along with a 20 Motion to Proceed In Forma Pauperis. (ECF Nos. 1, 2.) The matter was referred to a United 21 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c)(21). 22 On January 6, 2020, the magistrate judge filed findings and recommendations which were 23 served on all parties and which contained notice that any objections to the findings and 24 recommendations were to be filed within fourteen days after service of the findings and 25 recommendations. (ECF No. 4.) The time for filing objections has expired, and no party has 26 filed objections to the Findings and Recommendations. 27 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 28 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 1 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 2 1983); see also 28 U.S.C. § 636(b)(1). 3 Having reviewed the file under the applicable legal standards, the Court finds the Findings 4 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations filed January 6, 2020 (ECF No. 4), are adopted in 7 full; 8 2. Defendant’s Motion to Proceed In Forma Pauperis, filed on August 9, 2019 (ECF No. 9 2), is DENIED; 10 3. This action is REMANDED to the Yolo County Superior Court; and 11 4. The Clerk of the Court is ordered not to open another case removing Yolo County 12 Superior Court Case No. PT19-1466. 13 IT IS SO ORDERED. 14 Dated: March 6, 2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28