DeNardo

DeNardo v. Municipality of Anchorage

Good Law
255 F. App'x 195
United States Court of Appeals for the Ninth CircuitNovember 20, 2007No. 06-35746California283 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel R. DeNardo appeals pro se from the district court’s order denying his motion to remand in his action alleging that defendants violated his federal and state constitutional rights by denying him entry into the federal building in Anchorage without presenting valid identification, and arresting him for trespass when he refused to leave the building. We have jurisdiction under 28 U.S.C. § 1291 . We review a district court’s denial of a motion to remand de novo. Sparta Surgical Corp. v. Nat’l Ass’n of Sec. Dealers, Inc., 159 F.3d 1209, 1211 (9th Cir.1998). We affirm.

The district court properly denied De-Nardo’s motion to remand because a plaintiff may not compel remand by amending a complaint to eliminate the federal question upon which removal was based, see id. at 1213 (“jurisdiction must be analyzed on the basis of the pleadings filed at the time of removal without reference to subsequent amendments.”), and DeNardo’s claims were essentially federal in nature, see id. at 1212 (“A plaintiff may not avoid federal jurisdiction by omitting from the complaint federal law essential to his or her claim or by casting in state law terms a claim that can be made only…

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