(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 AND FINDINGS AND

RECOMMENDATIONS

STATE OF CALIFORNIA, et al., Defendants. 16 Plaintiff is a state inmate who originally filed this action in the Sacramento County Superior Court. ECF No. 1. The original complaint alleged claims for relief under the Eighth Amendment and state law. Id. at 5-30. 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). Id. at 1-3. On December 27, 2024, the court ordered the parties to show cause why this case should not be transferred to the United States District Court for the Eastern District of California sitting in Fresno. ECF No. 6. That same day, plaintiff filed a first amended complaint (“FAC”) removing the Eighth Amendment claim, leaving only state law claims. ECF No. 7. On January 2, 2025,…