Collins

(PC) Kidwell v. Collins

Good Law
United States District Court, Eastern District of CaliforniaJune 27, 20221:22-cv-00709California1,132 words

Opinion

Trial Court Opinion

INTRODUCTION

20 On April 29, 2022, this action was removed from the Sacramento County Superior Court 21 to the Sacramento Division of this Court, and ultimately transferred to the Fresno Division. 22 Defendants removed the action asserting this Court has federal question jurisdiction pursuant to 23 28 U.S.C. § 1331 because Plaintiff’s complaint alleges violations of the First, Eighth and 24 Fourteenth Amendments to the United States Constitution. (Doc. 1.) 25 On June 21, 2022, Plaintiff filed a letter dated June 7, 2022, advising the Clerk of the 27 1 Plaintiff changed his name from Jason Harper to Sequoyah Deserthawk Kidwell in April 2022. (See Doc. 8 at 7-9.) Court that certain documents he sent via U.S. Mail had been returned and marked undeliverable. (Doc. 8.) A review of the documents attached to Plaintiff’s letter reveals Plaintiff intended to object to the removal of the action from state court to federal court despite the document’s title. (See id. at 10-14 [titled “Objection to Transfer of Case, as Case is under the Tom Bane Act State § 1983, not Federal”].) LEAVE TO AMEND Upon review of the Objection, the…

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