(PS) Malaran v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LORD MALARAN, No. 2:23-cv-0547 TLN AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS UNITED STATES OF AMERICA, Defendant. 16 Plaintiff is proceeding in this removed action in pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). The United States moves to dismiss for lack of subject matter jurisdiction. ECF No. 5. Plaintiff has opposed the motion (ECF No. 7) and moved to remand this case back to state court (ECF No. 10). Defendant opposes remand. ECF No. 11. For the reasons that follow, the undersigned recommends this case be DISMISSED in its entirety for lack of subject matter jurisdiction, and that the motions to remand (ECF Nos. 7, 10) be DENIED. I. Background A. The Complaint Plaintiff Lord Malaran filed his complaint in the Superior Court of California, County of Sacramento, Small Claims Division,…