Baggett

Baggett v. Merced Police Dept.

Good Law
United States District Court, Eastern District of CaliforniaApril 29, 20241:24-cv-00491California1,444 words

Opinion

trial_court Opinion

I. INTRODUCTION

17 Defendants Merced Police Department,1 Officer B. Holder, Officer Laguna, and Sergeant 18 Green removed this action from the Merced County Superior Court on April 24, 2024. (ECF No. 19 1). Plaintiff is proceeding pro se in this action. 20 After reviewing the notice of removal and the allegations in the complaint, the Court will 21 order the parties to show cause why the case should not be remanded to state court for lack of 22 jurisdiction. 23 II. LEGAL STANDARDS 24 “Federal courts are courts of limited jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of 25 Am., 511 U.S. 375, 377 (1994). Accordingly, “[a] federal court is presumed to lack jurisdiction in 26 a particular case unless the contrary affirmatively appears.” Stock W., Inc. v. Confederated Tribes 27 1 The City of Merced states in the notice of removal that Plaintiff erroneously named the Merced Police 28 Department as a defendant. The Court need not resolve this issue now. 1 of the Colville Rsrv., 873 F.2d 1221, 1225 (9th Cir. 1989). 2 Under 28 U.S.C. § 1441, defendants may remove a state court action to federal court for a 3 variety of reasons, including where Federal claims…

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Baggett · E.D. California · 2024 | Caselegis