Nya Prude v. Andre Nesbit

UNITED STATES DISTRICT COURT JS-6 / REMAND

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 23-2753-DMG (KSx) Date April 19, 2023

Title Nya Prude v. Andre Nesbit Page 1 of

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS—ORDER REMANDING ACTION TO STATE COURT

On April 12, 2023, Defendant Andre Nesbit removed this action from Illinois state court to this Court, invoking the Court’s federal question jurisdiction. [Doc. # 1.] This is Nesbit’s second attempt to remove this child custody action to federal court. See Prude v. Nesbit, Case No. CV 23-2066-DMG (KSx) [Doc. # 14 (March 29, 2023 Remand Order)].

In this second Notice of Removal, Nesbit purports to assert two claims for violation of his Fourteenth and Eighth Amendment rights, that arise out of the state court claims. A Notice of Removal is not the proper place to assert new claims arising out…