(PC) Jones v. Kern Valley State Prison

Good Law
United States District Court, Eastern District of CaliforniaSeptember 3, 20191:19-cv-00827California580 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 DENO A. JONES, Case No. 1:19-cv-00827-AWI-JLT (PC) Plaintiff,

ORDER REMANDING ACTION TO

v. KERN COUNTY SUPERIOR COURT

KERN VALLEY STATE PRISON, et al., (Doc. 6) Defendants. 14 Plaintiff, Deno A. Jones, is a state prisoner proceeding pro se in this matter. On June 12, 2019, Defendant removed the action to this Court from Kern County Superior Court. (Doc. 1.) Plaintiff filed objections thereto on July 8, 2019. (Doc 4.) Plaintiff states that he is pursuing state tort claims, not a claim under 42 U.S.C. § 1983. Plaintiff’s objections were construed as a motion to remand and Defendants were ordered to submit an opposition or a statement of non-opposition. (Doc. 6.) On August 22, 2018, Defendants filed a statement of non-opposition. (Doc. 9.) Defendants explained that they construed the term “deliberate indifference” as meaning the Plaintiff was pursuing a § 1983 claim. See id. However, with Plaintiff’s clarification in his 23 …

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