Baggett

Baggett v. Merced Police Dept.

Good Law
United States District Court, Eastern District of CaliforniaJuly 8, 20241:24-cv-00491California1,097 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 ANTHONY ALBERT BAGGETT, Case No. 1:24-cv-00491-KES-EPG

Plaintiff, ORDER SUA SPONTE REMANDING

ACTION TO THE MERCED COUNTY

v. SUPERIOR COURT

MERCED POLICE DEPT., et al., Doc.

Defendants.

16 I. BACKGROUND Defendants City of Merced,1 Officer B. Holder, Officer Laguna, and Sargeant [sic] Green removed plaintiff Anthony Baggett’s state court action from the Merced County Superior Court to this Court on April 24, 2024. Doc. 1. On April 29, 2024, the assigned magistrate judge issued an order to show cause (“OSC”) requiring the parties to address why the case should not be remanded to state court for lack of subject matter jurisdiction. Doc. 4. On May 22, 2024, defendants’ attorney of record filed a declaration stating that, based on the magistrate judge’s analysis in the OSC, defendants did not object to remand. Id. at 2. Plaintiff did not file a response to the OSC; however, on July 2, 2024, plaintiff filed a case…

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