1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD MCKENNA, No. 2:25-cv-2009 DJC CSK P 12 Plaintiff, 13 v. ORDER 14 C. AGUIAR, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se. Defendants filed a notice of 18 removal under

(a), claiming plaintiff asserted federal claims of 19 excessive force in violation of the Eighth Amendment, in addition to state law claims. 20 (ECF No. 1 at 1-2.) Plaintiff filed a timely motion to remand, accompanied by an 21 amended complaint raising only state law claims. (ECF No. 3.) The matter was 22 referred to a United States Magistrate Judge pursuant to

(b)(1)(B) and 23 Local Rule 302. 24 On September 2, 2025, the Magistrate Judge filed findings and 25 recommendations herein which were served on all parties and which contained notice 26 to all parties that any objections to the findings and recommendations were to be filed 27 within fourteen days. Neither party filed objections to the findings and 28 recommendations. 1 The Court presumes that any findings of fact are correct. See Orand v. United 2 | States,

(9th Cir. 1979). The Magistrate Judge's conclusions of law 3 | are reviewed de novo. See Britt v. Simi Valley Unified School Dist.,

, 454 4 | (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 5 || recommendations to be supported by the record and by the Magistrate Judge’s 6 | analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations (ECF No. 8) are adopted in full. 9 2. Plaintiff's motion to remand (ECF No. 3) is granted. 10 3. This case is remanded to the Solano County Superior Court, Case No. CU24- 11 | 08105. 12 4. The Clerk of the Court is directed to send a certified copy of this order to the 13 | Solano County Superior Court, and to close the case. 14 15 IT IS SO ORDERED. 16 | Dated: _ October 2, 2025 “Daal J CoO □□□□ Hon. Daniel alabretta 7 UNITED STATES DISTRICT JUDGE 18 19 20 | smcke2009.801 21 22 23 24 25 26 27 28