Alvarez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID GRAY, No. 2:24-cv-2401 DJC CSK P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LUPE ALVAREZ (F.M.), et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. Plaintiff’s motion for remand is before the Court. As discussed below, plaintiff’s motion for remand should be granted. I. BACKGROUND On September 3, 2024, defendant E. Martinez filed a notice of removal to federal court under 28 U.S.C. §§ 1441(a) and 1446, and a request for screening. (ECF No. 1.) In the notice, defendant E. Martinez acknowledged that other defendants were named, but stated that defendant E. Martinez was the only defendant served with the complaint, and was “informed and believes that the other named defendants will consent to removal once they are served.” (ECF No. 1 at 2.) Removal is sought on the basis of federal question jurisdiction, 28 U.S.C. § 1331, because plaintiff alleges violations of 42 U.S.C. § 1983…