Carey

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEITORE COATES, Case No. 2:22-cv-02124-DJC-JDP (PS) Plaintiffs, v. FINDINGS AND RECOMMENDATIONS JEFFREY CAREY, Defendant. 16 Plaintiff Coates, proceeding without counsel, filed a request for a restraining order against defendant Carey in California state court. Defendant—an employee of the U.S. Postal Service— removed to federal court under the federal officer removal statute, 28 U.S.C. §1442(a). ECF No. 1. He thereafter filed a motion to dismiss for lack of subject matter jurisdiction, ECF No. 4, and plaintiff has filed an opposition, ECF No. 11. I recommend that defendant’s motion be granted, and that this action be dismissed without leave to amend. Background Defendant was plaintiff’s direct supervisor at the U.S. Postal Service (“USPS”) until plaintiff was transferred to a new facility on May 7, 2022, where he is now supervised by another USPS employee. ECF No. 1 at 10; ECF No.…