(PS) State of CA v. 112,576 U.S. Currency ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STATE OF CALIFORNIA, No. 2:23-cv-00031-TLN-KJN 12 Plaintiff, ORDER 13 v. 14 $112,576 UNITED STATES CURRENCY, 15 Defendant. 16 17 Claimant, Marc Boiteau, who is proceeding pro se, removed this civil asset forfeiture 18 action to this Court. The matter was referred to a United States Magistrate Judge under this 19 Court’s Local Rules. 20 On March 9, 2023, the magistrate judge filed findings and recommendations (ECF No. 4), 21 which were served on Boiteau and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen (14) days. On March 23, 2023, Boiteau filed 23 objections to the findings and recommendations (ECF No. 5), which have been considered by the 24 Court. 25 This Court reviews de novo those portions of the proposed findings of fact to which an 26 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 27 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d 28 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 1 | has been made, the Court assumes its correctness and decides the matter on the applicable law. 2 | See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s 3 | conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 4 452, 454 (9th Cir. 1983). 5 The Court has reviewed the applicable legal standards and, good cause appearing, 6 | concludes that it is appropriate to adopt the findings and recommendations in full. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations (ECF No. 4) are ADOPTED IN FULL; 9 2. The action is REMANDED to state court for lack of subject matter jurisdiction; and 10 3. The Clerk of Court is directed to CLOSE this case. 11 | DATE: May 10, 2023 { J) /) 13 “ Mn Voskouy 14 Troy L. Nunley) 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28