Hernandez

(PC) Thomas v. Hernandez

Good Law
United States District Court, Eastern District of CaliforniaDecember 10, 20241:24-cv-00989California973 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 EDWARD THOMAS, No. 1:24-cv-00989-KES-SAB (PC) Plaintiff, ORDER DECLINING TO ADOPT FINDINGS

AND RECOMMENDATIONS AND

v. GRANTING PLAINTIFF’S REQUEST FOR

REMAND

PAUL HERNANDEZ, et al., Docs. 8, 12 Defendants.

12 Plaintiff Edward Thomas initiated this action in Kern County Superior Court on June 27, 2024. Doc. 1, Ex. 1. Defendants removed this action to this court on August 21, 2024, asserting that this Court has original subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because plaintiff’s claims arise under federal law. Doc. 1. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 9, 2024, plaintiff filed a request to remand the action back to the Kern County Superior Court. Doc. 8. Within plaintiff’s request for remand, plaintiff also sought recusal of the assigned magistrate judge to this action. Id. at 2. …

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