Ballester

The People of the State of California v. Ballester

Good Law
United States District Court, Southern District of CaliforniaDecember 11, 20243:24-cv-02113California831 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THE PEOPLE OF THE STATE OF Case No.: 24cv2113-LL-JLB

CALIFORNIA,

ORDER DISMISSING CASE

Plaintiff, 13 v.

ELEANOR LECLAIR BALLESTER,

15 Defendant.

17 On November 8, 2024, Defendant Eleanor Leclair Ballester, filed a notice of 18 removal of a pro se civil complaint (with full payment of the filing fees) seeking to remove 19 a pending state criminal case in which she is the defendant. ECF No. 1. Ms. Ballester states 20 in her purported Notice of Removal that she “declare[s] defendant Eleanor Leclair Ballester 21 has been denied the rights to a speedy trial, equal protection for all, liberty, freedom from 22 excessive bail and cruel and unusual punishment.” Id. at 1. Pending state criminal 23 prosecutions may be removed to federal court only under very “narrow and limited 24 circumstances.” El v. L.A. Police Dep’t, 2016 WL 5419402, at *2 (C.D. Cal. Sept. 27, 25 2016). None of those circumstances apply here. See Kokkonen v. Guardian Life Ins. Co. of 26 Am., 511 U.S. 375, 377 (1994) (“Federal courts are…

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