James Davis v. United States

MEMORANDUM

Former federal prisoner James S. Davis, an attorney, appeals pro se from the district court’s judgment dismissing his action alleging false imprisonment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Whitman v. Mineta, 541 F.3d 929, 931 (9th Cir.2008) (grant of a motion to dismiss); Ethridge v. Harbor House Rest., 861 F.2d 1389 , 1393 (9th Cir.1988) (denial of a motion to remand an action to state court). We may affirm on any ground supported by the record. Shanks v. Dressel, 540 F.3d 1082, 1086 (9th Cir.2008). We affirm.

Denial of Davis’s motion to remand was proper because Davis’s action was properly removed to the district court. See 28 U.S.C. § 2679 (d)(2); Osborn v. Haley, 549 U.S. 225, 231 , 127 S.Ct. 881 , 166 L.Ed.2d 819 (2007) (“[Cjertification is conclusive for purposes of removal, i.e., once certification and removal are effected, exclusive competence to adjudicate the case resides in the federal court, and that court may not remand the suit to the state court.”).

The district court properly dismissed Davis’s action because his false imprisonment claim was directly connected to his conviction on multiple federal offenses and his…