Frank Rust v. Chino Prison Healthcare Providers

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

FRANK A. RUST, Case No. 5:17-cv-00556-JAK-KES

Plaintiff,

v. ORDER DEN YING PLAINTIFF’S

MOTION FOR REMAND (DKT. 95)

CHINO PRISON HEALTHCARE

PROVIDERS, et al.,

Defendants.

I.

INTRODUCTION Frank Rust (“Plaintiff”), a prisoner in state custody, filed this civil rights action challenging medical care he received in prison. He filed the action in state court, and Defendants removed it to this Court. The Court granted summary judgment for Defendants, finding some of Plaintiff’s claims unexhausted and finding that, as to the exhausted claims, Plaintiff failed to demonstrate that his constitutional rights were violated. Plaintiff appealed to the Ninth Circuit and, while that appeal was pending, he 28 filed a motion asking this Court to remand “the state law issues/action” to the state court. (Dkt. 95 [“Motion for Remand”].) The Ninth…