Kernan
(PC) Hill v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH HILL, No. 2:19-cv-0448 MCE DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, et al., Defendants.
17 Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 18 U.S.C. § 1983. This action was removed from the Sacramento County Superior Court on March 19 13, 2019. Now pending is plaintiff’s motion to remand. (ECF No. 9.) For the reasons set forth 20 below, the Court will recommend that the motion be denied.
I. Procedural Background
22 A. The First Action 23 The procedural background of this case is somewhat convoluted. Plaintiff initiated suit on 24 August 24, 2017, in the Sacramento County Superior Court. See ECF No. 1 Attach. In the 25 complaint, plaintiff alleged that he was charged with institutional violations on two separate 26 occasions, with each charge presented to him through the use of a printout from the Strategic 27 Offender Management System (“SOMS”) instead of through the issuance…