Powell
(PC) Garcia v. Powell
United States District Court, Eastern District of CaliforniaJune 16, 20221:22-cv-00730California717 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
URIEL GARCIA, Case No. 1:22-cv-00730-EPG (PC)
Plaintiff, ORDER FOR DEFENDANTS TO SHOW
CAUSE WHY THIS CASE SHOULD NOT
v. BE REMANDED TO KINGS COUNTY
SUPERIOR COURT BECAUSE THIS
K. POWELL, et al., COURT LACKS JURISDICTION
Defendants. TWENTY-EIGHT-DAY DEADLINE
16 Uriel Garcia (“Plaintiff”) is a state prisoner proceeding pro se in this action. On June 15, 2022, Defendants removed the case from Kings County Superior Court. (ECF No. 1). The basis for the removal was 28 U.S.C. § 1331 (ECF No. 1, p. 2), which states that “[t]he district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” According to Defendants, Plaintiff is bringing claims pursuant to the Eighth and Fourteenth Amendments of the United States Constitution. (ECF No. 1, p. 2). However, it does not appear that Plaintiff is bringing any claims…