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CONNELLY v. BRANCH, 17-cv-01407-JD. (2017)

Court: District Court, N.D. California Number: infdco20170623872 Visitors: 7
Filed: Jun. 22, 2017
Latest Update: Jun. 22, 2017
Summary: ORDER REMANDING ACTION TO STATE COURT JAMES DONATO , District Judge . This pro se prisoner's civil action was originally filed in Monterey County Superior Court. Defendants removed the case to this Court on March 15, 2017. On April 7, 2017, the Court screened the complaint and dismissed it with leave to amend. Nearly the same day the Court issued its screening order, plaintiff filed an objection to the removal, but the Court was unaware of that order while screening the case. Plaintiff has
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ORDER REMANDING ACTION TO STATE COURT

This pro se prisoner's civil action was originally filed in Monterey County Superior Court. Defendants removed the case to this Court on March 15, 2017. On April 7, 2017, the Court screened the complaint and dismissed it with leave to amend. Nearly the same day the Court issued its screening order, plaintiff filed an objection to the removal, but the Court was unaware of that order while screening the case. Plaintiff has also filed a first amended complaint where he repeats his objections to removal. Plaintiff states that there are no federal claims and the case only contains state law claims regarding inadequate medical care in state prison. Defendants have not responded to plaintiff's filings regarding returning to state court.

Because plaintiff has expressly disavowed any federal claims, the case will be remanded to state court so that plaintiff may litigate in his chosen forum.1 See Swett v. Schenk, 792 F.2d 1447, 1450 (9th Cir. 1986) ("it is within the district court's discretion, once the basis for removal jurisdiction is dropped, whether to hear the rest of the action or remand it to the state court from which it was removed"); Plute v. Roadway Package System, Inc., 141 F.Supp.2d 1005, 1007 (N.D. Cal. 2001) (court may remand sua sponte or on motion of a party). The action is REMANDED to the Monterey County Superior Court for such other and further proceedings as that court deems proper. The Clerk shall close the file and send the necessary materials to the Monterey County Superior Court for the remand.

In light of the remand to state court, all pending motions are dismissed as moot. All further motions must be filed in state court

IT IS SO ORDERED.

FootNotes


1. While plaintiff uses the term "deliberate indifference" which is associated with inadequate medical care in violation of the Eighth Amendment, he is clear that there are no federal claims.
Source:  Leagle

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