Powell

(PC) Garcia v. Powell

Good Law
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…

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