Allison
(PC) Smith v. Allison
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 AND FINDINGS AND
RECOMMENDATIONS
KATHLEEN ALLISON, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, originally filed this action in the Sacramento County Superior Court. ECF No. 1. The original complaint alleged claims for relief under state law only. ECF No. 1-1 at 5-16. After plaintiff amended the complaint to allege violations under 42 U.S.C. § 1983, defendants removed the case to federal court under 28 U.S.C. § 1441(a). ECF No. 1 at 1-3 (notice of removal); ECF No. 1-1 at 23-40 (amendments to complaint). On screening, the undersigned found that plaintiff had not stated any cognizable federal claims and provided plaintiff the options of either amending the complaint or voluntarily dismissing all federal law claims and having the case remanded to the Sacramento County Superior Court. ECF No. 11. Plaintiff has now filed a…