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Adams v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 29, 2010

RICKEY ADAMS, PLAINTIFF,
v.
J. YATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER REQUIRING DEFENDANTS TO RESPOND TO PLAINTIFF'S OBJECTION TO NOTICE OF REMOVAL

(ECF No. 4)

Plaintiff Rickey Adams originally filed this action in Fresno County Superior Court. Defendants filed a Notice of Removal on April 15, 2010 alleging that this Court has original jurisdiction over Plaintiff's claims. (Notice of Removal ¶ 4, ECF No. 1.) On April 28, 2010, Plaintiff filed a Motion to Oppose Defendants' Notice of Removal (ECF No. 4) which alleges that the Fresno County Superior Court has original jurisdiction over his claims. The Court construes Plaintiff's filing as a motion to remand and finds that a response from Defendants would be beneficial in ruling on the motion.

Accordingly, Defendants are hereby ORDERED to file a response to Plaintiff's motion to remand not later than August 1, 2010.

IT IS SO ORDERED.

20100629

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