Tanton

Tanton v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaJune 10, 20252:25-cv-01390California439 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA J. TANTON, Case No. 2:25-cv-1390-JDP Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, Defendant. 17 Shortly after removing this action from the Sacramento County Superior Court, defendant filed a notice of withdrawal of its notice of removal. ECF No. 4. That notice explains that after meeting and conferring with plaintiff, defendant no longer believes that this court has subject matter jurisdiction. Id. Defendant may not simply withdraw its notice of removal. Upon filing the notice of removal in both federal and state court, the state court was divested of jurisdiction. 28 U.S.C. § 1446(d) (removing party shall promptly “file a copy of the notice [of removal] with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.”); see Maseda v. Honda Motor Co., Ltd., 861 F2d 1248, 1254 n.11…

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