(PS) State of CA v. 112,576 U.S. Currency

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STATE OF CALIFORNIA, No. 2:23–CV–0031 TLN KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS FOR LACK OF

v. SUBJECT MATTER JURISDICTION AND

ORDER

$112,576 UNITED STATES

CURRENCY,

15 Defendant. 16 17 In November of 2021, the State of California filed a civil asset forfeiture action in Yuba Superior Court. On January 9, 2023, Marc Boiteau, who is proceeding without counsel, removed the forfeiture action to this court, asserting claimant status and referencing 28 U.S.C. §§ 1333 (admiralty jurisdiction) and 1335 (interpleader jurisdiction). (ECF No. 1.) The undersigned finds finds that this court lacks federal subject matter jurisdiction over the action, and so recommends the case be remanded. See United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004) (noting the federal court’s independent duty to ensure it has subject matter jurisdiction in the case); 28 U.S.C. § 1447(b). 26 1 Actions…