(PC) Gardea v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADRIANE GARDEA, No. 2:24-cv-3383 AC P Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., Defendants. 16 Plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983 in state court. On December 4, 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). 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). Section 1441(a) provides that “any civil action brought in a State court of which the

26 Defendants argue that the Central California Women’s Facility (“CCWF”) is not a…