Powell

(PC) Garcia v. Powell

Good Law
United States District Court, Eastern District of CaliforniaMay 30, 20231:22-cv-00730California662 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 URIEL GARCIA, Case No. 1:22-cv-00730-JLT-EPG (PC) Plaintiff, ORDER DENYING DEFENDANTS’

MOTION FOR RECONSIDERATION

v. (Doc. 23) K. POWELL, et al., Defendants. 16 On January 12, 2023, the Court adopted findings and recommendations to remand this action for lack of subject matter jurisdiction because the removed complaint stated only claims for “general negligence.” (Docs. 11, 22.) The Court rejected Plaintiff’s attempt to demonstrate the existence of federal causes of action by way of referencing a proposed amended complaint, concluding that the proposed amended complaint “does not in any way show that Plaintiff’s [then operative] complaint included federal claims. Instead, it appears to be largely based on new factual allegations.” (Doc. 22 at 2.) The Court remanded the action to Kings County Superior Court and directed the Clerk of Court to “take the necessary action to remand this case to Kings County Superior Court and to close the case.”…

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