(PC) Gardea v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADRIANE GARDEA, No. 2:24-cv-03383-DAD-AC (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND REMANDING

STATE OF CALIFORNIA, et al., THIS ACTION TO THE SACRAMENTO

COUNTY SUPERIOR COURT

Defendants. (Doc. Nos. 8, 11)

17 Plaintiff Adriane Gardea is a state prisoner proceeding through counsel. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 13, 2025, the assigned magistrate judge issued findings and recommendations recommending that plaintiff’s unopposed motion to remand this action to the Sacramento County Superior Court be granted. (Doc. No. 11 at 3.) Specifically, the magistrate judge concluded that because plaintiff’s first amended complaint deleted the Eighth Amendment claim that had been asserted in her original complaint, it was within the court’s discretion whether to exercise supplemental jurisdiction over…