CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MORIANO MILLARE, No. 2: 22-cv-1862 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CDCR, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On October 19, 2022, defendants removed this action from San Joaquin County Superior Court. (ECF No. 1.) On November 7, 2022, defendants filed a request for the court to screen plaintiff’s second amended complaint. (ECF No. 4.) ////

Pursuant to 28 U.S.C. § 1446(b)(3), defendants had thirty days from the date defendants Chavarria, Woods and Reynolds were served with the second amended complaint to remove this action. According to the notice of errata, defendant California Department of Corrections and Rehabilitation (“CDCR”) accepted service on behalf of defendants Chavarria, Woods and 25 Reynolds on September 13, 2022. (ECF No. 3.) Therefore, defendants’ notice of removal, filed…