(PC) Phillips v. State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTY PHILLIPS, No. 2:24-cv-3378 CSK P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding through counsel. Plaintiff’s motion to remand is 18 before the Court. As set forth below, the Court recommends that plaintiff’s unopposed motion to 19 remand be granted.1 20 I. BACKGROUND 21 This action was originally filed in the Sacramento County Superior Court, Christy Phillips 22 v. State of California, No. 24-cv-018638; the original complaint raised claims for relief under the 23 Eighth Amendment and California state law. (ECF No. 1 at 7-30.) On December 3, 2024, the 24 State of California and the California Department of Corrections and Rehabilitation (“CDCR”) 25 filed a notice of removal under 28 U.S.C. § 1441(a). (Id. at 1-3.) In their notice of removal, such 26 defendants noted that originally named Central California Women’s Facility is not a…