Summary
holding that is was improper for the defendant to name additional parties in their petition for removal without filing a third-party complaint
Summary of this case from Mendez v. Moonridge Neighboorhood Ass'n, Inc.Opinion
No. 06-cv-0495-MCE-GGH-PS.
July 17, 2006
ORDER
On June 2, 2006, the magistrate judge filed Findings and Recommendations herein which were served on the parties and which contained notice that any objections to the Findings and Recommendations were to be filed within ten (10) days. No objections were filed.
Accordingly, the Court presumes any findings of fact are correct. See Orland v. U.S., 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).
Although it appears from the file that Plaintiff's copy of the Findings and Recommendations was returned, Plaintiff was properly served. It is the Plaintiff's responsibility to keep the Court apprised of his current address at all times. Pursuant to Local Rule 83-182(f), service of documents at the record address of the party is fully effective.
The Court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full.
Accordingly, IT IS ORDERED that:
1. The Proposed Findings and Recommendations filed June 2, 2006, are ADOPTED;
2. The state action is summarily remanded to the Sacramento County Superior Court;
3. The Clerk shall serve a certified copy of this Order to the clerk of the Sacramento County Superior Court, and reference the state case number (06UD01611) in the proof of service; and
4. The Clerk is directed to close this case.