(PC) Buchholz v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELISABETH BUCHHOLZ, No. 2:24-cv-3372 AC P Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., Defendants. 16 Plaintiff is a state inmate who filed a civil rights action pursuant to 42 U.S.C. § 1983 in state court. On December 3, 2024, defendants the State of California and California Department of Corrections and Rehabilitation (“CDCR”) filed a notice of removal under 28 U.S.C. § 1441(a) to remove the case to this court. ECF No. 1 at 1-3. The complaint alleges violations of plaintiff’s rights under the Eighth Amendment, as well as state law claims. Id. at 5-30. All served defendants have consented to removal and assert that they were served on November 6, 2024, and November 8, 2024. Id. at 2. The action was therefore removed within thirty days of service, as required under 28 U.S.C. § 1446(b).

26 Defendants argue that the Central California Women’s Facility (“CCWF”) is not a separate legal entity from CDCR. ECF No. 1…