Powell

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

URIEL GARCIA, Case No. 1:22-cv-00730-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS ACTION

v. BE REMANDED TO KINGS COUNTY

SUPERIOR COURT

K. POWELL, et al.,

OBJECTIONS, IF ANY, DUE WITHIN

Defendants. FOURTEEN DAYS

ORDER DIRECTING CLERK TO ASSIGN

DISTRICT JUDGE

17 I. BACKGROUND 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’ notice of removal, Plaintiff is bringing claims pursuant to the Eighth and Fourteenth Amendments of the United States Constitution. …