LANCE M. AFRICK, District Judge.
Before the Court is plaintiff and pro se prisoner James Colvin's ("Colvin") motion
Colvin filed this lawsuit in the 22nd Judicial District Court for the Parish of Washington, State of Louisiana, on May 2, 2019 against the following defendants: James LeBlanc, Secretary of the Louisiana Department of Public Safety and Corrections ("DPSC"); Brandi LeFeaux, Corrections Specialist; Carolyn Wade, Records Clerk; and Robert Tanner, Warden (together, "defendants").
The Court will address Colvin's motion to remand and his motion for default judgment in turn. As Colvin is proceeding pro se, the Court will construe his pleadings liberally. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (citations omitted) ("A document filed pro se is `to be liberally construed' . . . and `a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.'").
Under 28 U.S.C. § 1441(a), "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending," unless Congress provides otherwise. Jurisdictional facts supporting removal are assessed at the time of removal. Louisiana v. American Nat'l Prop. Cas. Co., 746 F.3d 633, 636-37 (5th Cir. 2014). "The removing party bears the burden of establishing that federal jurisdiction exists." De Aguilar v. Boeing Co., 47 F.3d 1404, 1408 (5th Cir. 1995). "Any ambiguities are construed against removal because the removal statute should be strictly construed in favor of remand." Manguno v. Prudential Prop. & Cas. Co., 276 F.3d 720, 723 (5th Cir. 2002).
"The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. A federal court has original or removal jurisdiction if a federal question appears on the face of the plaintiff's well-pleaded complaint. Bernhard v. Whitney Nat'l Bank, 523 F.3d 546, 551 (5th Cir. 2008).
In their notice of removal, defendants assert that Colvin alleges violations of the United States Constitution, which arise under 42 U.S.C. § 1983.
As previously discussed, Colvin alleges that defendants violated his federal constitutional rights. In his statement of facts and memorandum of law in support of his petition, Colvin specifically requests that this Court order the DPSC to "stop violating" his Fourteenth Amendment right to Due Process and his Fifth Amendment right against Double Jeopardy.
Colvin asserts that his case has been improperly removed because he has urged a state civil claim for damages. Colvin states that his case was filed pursuant to the Louisiana Code of Civil Procedure and that it is "based on delictual actions by correctional officers and seeks monetary damages."
Finally, Colvin argues that his case should be remanded because the Court lacks jurisdiction over this action due to defendants' alleged procedural default in state court. Colvin asserts that defendants did not timely answer his petition and that he filed a motion in state court for a default judgment before defendants removed this action.
After filing the motion to remand, Colvin filed a motion for default judgment based on defendants alleged procedural default in the state court matter, as discussed previously.
Accordingly,
Colvin also requests that, if the Court denies his motion to remand, he be permitted to "recast" his pleadings "in accordance with the Federal Rules of Civil Procedure and 42 U.S.C. § 1983." R. Doc. No. 5, at 4. To the extent that Colvin is seeking to amend his state court petition, his request is legally insufficient.
The Fifth Circuit "does not require a complicated motion to amend, but only that `the party requesting amendment' `set forth with particularity the grounds for the amendment and the relief sought.'" Pena v. City of Rio Grande City, 879 F.3d 613, 617-18 (5th Cir. 2018) (citing United States ex rel Doe v. Dow Chemical Co., 343 F.3d 325, 331 (5th Cir. 2003)). Colvin has not set forth with particularity the grounds for an amendment of his petition or the relief sought.