Piffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 MICHAEL MITCHELL, No. 2:18-cv-2949-WBS-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PIFFER, Defendant. 14 Plaintiff, a state prisoner proceeding without counsel, commenced this action in the Amador County Superior Court. ECF No. 1. Defendant removed the case to this court on November 9, 2018 (id.) and, on January 16, 2020, it was dismissed without leave to amend for failure to state a cognizable claim. ECF No. 18. Plaintiff has since filed a pleading pointing out that the court, in dismissing the federal question claims, did not address plaintiff’s state law claims. That issue is addressed below, following a brief summary of the case’s procedural history. On September 24, 2020, over nine months after the case was closed, plaintiff moved to remand this case to the superior court. ECF No. 20. On October 16, 2020, the court issued proposed findings and recommendations recommending that the motion to…