Newsom

(PC) Walker v. Newsom

Good Law
United States District Court, Eastern District of CaliforniaApril 21, 20222:20-cv-02243California5,235 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 G. DANIEL WALKER, No. 2:20-cv-2243 TLN AC P Plaintiff, v. ORDER GAVIN NEWSOM, et al. Defendants. 16 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C § 12132; and Section 504 of the Rehabilitation Act of 1973 (“RA”), 29 U.S.C. § 794. I. Removal On November 9, 2020, defendants Medina, Singh, California Department of Corrections and Rehabilitations (“CDCR”), and State of California filed a notice of removal under 28 U.S.C. § 1441(a). ECF No. 1 at 1-4. These defendants all consented to removal, and the action was removed within thirty days of service on the last-served defendant, as required under 28 U.S.C. § 1446(b). Although plaintiff later submitted documentation showing that defendant Newsom had been served at the time of removal, ECF No. 8 at 4, he did not move to remand the case based on Newsom’s failure to…

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