(PS) Perez v. United States Postal Service

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PRINESSIA PEREZ, No. 2:21-CV-2028-KJM-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS UNITED STATES POSTAL SERVICE, Defendant. 16 Plaintiff, who is proceeding pro se, brings this civil action. Pending before the Court are Defendant’s unopposed motion to dismiss, ECF No. 5, and request to vacate, ECF No. 9. Through these motions, Defendant argues that Plaintiff fails to state a claim upon which this court can grant relief and that the notice of removal should be “vacated” because Plaintiff voluntarily dismissed her state court action prior to removal to this Court. State court records, which this Court may judicially notice, see Kasey v. Molybdenum Corp. of America, 336 F.2d 560, 563 (9th Cir. 1964), reflect that Plaintiff voluntarily dismissed the underlying state court action on October 14, 2021 – before Defendant filed its notice of removal on November 3, 2021. See ECF No. 9, pgs. 4-5. Because there…