(PC) Smith v. Allison ( 2022 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 DELBERT J. SMITH, No. 2:22-cv-0306 KJM AC P 13 Plaintiff, 14 v. ORDER 15 KATHLEEN ALLISON, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, originally filed this action in the Sacramento 19 County Superior Court. ECF No. 1. Defendants removed the case and this matter was referred to 20 a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On June 6, 2022, the magistrate judge filed findings and recommendations, which were 22 served on all parties and which contained notice to all parties that any objections to the findings 23 and recommendations were to be filed within fourteen days. ECF No. 13. Neither party has filed 24 objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 6, 2022 (ECF No. 13), are adopted in 5 || full. 6 2. This court declines to extend supplemental jurisdiction over plaintiff's state law claims 7 || and the motion to remand this action to state court (ECF No. 12) is granted. 8 3. This matter is remanded to the Sacramento County Superior Court. 9 4. The Clerk of the Court is directed to mail a certified copy of the order of remand to the 10 || Clerk of the Sacramento County Superior Court and close this case. 11 | DATED: October 26, 2022. 12 13 4 CHIEF ED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28