(PS) Superior Court of California, County of San Joaquin v. McGill El Bey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PEOPLE OF THE STATE OF No. 2:20-cv-175-KJM-EFB PS
CALIFORNIA,
12 Plaintiff, FINDINGS AND RECOMMENDATIONS v. 14 NOBLE BERNISEARL McGILL EL BEY, Defendant. 17 This case was originally filed in the traffic division of the Superior Court of the State of California for the County of San Joaquin and appears to be a citation issued to defendant for violation of California Vehicle Code Section 5200(A). ECF No. 1 at 4. On January 23, 2020, defendant, proceeding pro se, removed this action to this court. Id. at 1. The matter must be remanded back to the San Joaquin County Superior Court for lack of removal jurisdiction under 28 U.S.C. § 1441. As discussed below, defendant has failed to establish that this court has subject matter jurisdiction.
1 Defendant failed to include with his removal petition a copy of the citation containing the state court case name and number, and he incorrectly styled the caption of his petition by listing the…