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Rodriguez v. County of Stanislaus

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 24, 2008

LUCIO CORRAL RODRIGUEZ, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO THE DECEDENTS, MARICRUZ CORRAL, IVAN ALEXANDER CORRAL, AND LUCIO ANTHONY CORRAL, PLAINTIFF,
v.
COUNTY OF STANISLAUS; CITY OF MODESTO; CITY OF RIVERBANK; STATE OF CALIFORNIA; AMTRAK CALIFORNIA; BURLINGTON NORTHERN SANTA FE RAILWAY; AND DOES 1 TO 200, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

(Document 44)

On October 30, 2008, the Magistrate Judge issued Findings and Recommendations that Plaintiff's Motion for Remand be DENIED without prejudice. These Findings and Recommendations were served on all parties appearing in the action and contained notice that any objections to the Findings and Recommendations were to be filed within fifteen (15) court days of the date of service of the order. On November 21, 2008, Plaintiff filed objections to the findings and recommendations. On December 10, 2008, Defendants National Railroad Passenger Corporation and BNSF Railway Company filed an opposition to Plaintiff's objections.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations issued October 30, 2008, are ADOPTED IN FULL; and

2. Plaintiff's Motion for Remand is DENIED.

IT IS SO ORDERED.

20081224

© 1992-2008 VersusLaw Inc.



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