Parham

(PC) Thorpe v. Parham

Good Law
United States District Court, Eastern District of CaliforniaOctober 22, 20202:20-cv-01923California336 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RENELL THORPE, No. 2:20-cv-1923 KJN P 12 Plaintiff, 13 v. ORDER 14 PARHAM, et al., 15 Defendant. 16 17 Plaintiff is a state prisoner, proceeding without counsel. This action was removed from 18 state court. 19 Removal jurisdiction statutes are strictly construed against removal. See Libhart v. Santa 20 Monica Dairy Co., 592 F.2d 1062, 1064 (9th Cir. 1979). “Federal jurisdiction must be rejected if 21 there is any doubt as to the right of removal in the first instance.” Gaus v. Miles, 980 F.2d 564, 22 566 (9th Cir. 1992). The party invoking removal bears the burden of establishing federal 23 jurisdiction. Hunter v. Philip Morris USA, 582 F.3d 1039 (9th Cir. 2009). Where it appears the 24 district court lacks subject matter jurisdiction, the case shall be remanded. 28 U.S.C. § 1447(c). 25 Plaintiff opposes removal, claiming this matter involves a “small claims property issue.” 26 (ECF No. 4 at 1.) Plaintiff avers that he did not intend to…

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