Gardner

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CALVIN HOLT, No. 1:19-cv-00772-DAD-SAB (PC) Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION TO VACATE OR SET ASIDE

JUDGMENT, AND REMANDING STATE

W. GARDNER, LAW CLAIMS TO THE KINGS COUNTY

SUPERIOR COURT

Defendant. (Doc. No. 45)

INTRODUCTION Plaintiff Calvin Holt, a state prisoner proceeding pro se, initiated this civil rights action by filing a complaint on March 7, 2019 against defendant W. Gardner and unnamed defendants in the Kings County Superior Court. (Doc. No. 1 at 5.) Therein, based upon his allegation that defendants mishandled his mail containing legal documents, he asserted causes of action under the U.S. Constitution; 15 C.C.R. §§ 3132(a), 3391(a), and 3395; and “state and federal laws.” (Id. at 8–10, 13– 14, 37.) Defendants removed the case to this federal court on May 31, 2019 under 28 U.S.C. § 1331. (Id. at 2.) Plaintiff filed a third amended…