Gary Hallford v. J. Mendez

Good Law
422 F. App'x 621
United States Court of Appeals for the Ninth CircuitMarch 18, 201110-15381California289 words

Opinion

Opinion

MEMORANDUM

Gary William Hallford, a California state prisoner, appeals pro se from the district court’s judgment dismissing his action alleging constitutional and state law violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. D-Beam Ltd. P’ship v. Roller Derby Skates, Inc., 366 F.3d 972 , 974 n. 2 (9th Cir.2004) (denial of motion to remand); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal for failure to state a claim under 28 U.S.C. § 1915A). We affirm.

The district court properly denied Hall-ford’s motion to remand the action to state court because Hallford alleged in his complaint violations of his federal constitutional rights and, thus, the action was subject to removal, see Lee v. Am. Nat’l Ins. Co., 260 F.3d 997 , 1002-03 & n. 5 (9th Cir. 2001), and Hallford failed to raise timely objections to any defects in the removal requirements, see Vasquez v. N. Cnty. Transit Dist., 292 F.3d 1049, 1062 (9th Cir.2002) (an objection to a defect in removal requirements must be made within thirty days of the filing of the removal notice or the objection is waived).

The district court properly dismissed Hallford’s amended complaint because Hallford…

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