Allison

(PC) Smith v. Allison

Bad Law
United States District Court, Eastern District of CaliforniaApril 28, 20222:22-cv-00306California3,350 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DELBERT J. SMITH, No. 2:22-cv-0306 KJM AC P Plaintiff, v. ORDER KATHLEEN ALLISON, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983 and California law. I. Removal On February 17, 2022, defendants Allison and California Department of Corrections and Rehabilitations (CDCR) filed a notice of removal under 28 U.S.C. § 1441(a). ECF No. 1 at 1-3. Defendants both 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). It has been more than thirty days since the notice of removal was filed and plaintiff has not sought to remand the case to state court on any grounds. See 28 U.S.C. § 1447(c) (“A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the…

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