(PC) Pangborn v. Lynch

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID JAMES PANGBORN, No. 2:23-cv-0825 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 JEFF LYNCH, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and 18 state law. 19 I. Removal 20 Plaintiff initiated this action in state court. On May 3, 2023, defendants Lynch and 21 Collinsworth filed a notice of removal under 28 U.S.C. § 1441(a). ECF No. 1. They 22 subsequently requested screening of the instant petition pursuant to the Prison Litigation Reform 23 Act (“PLRA”), 28 U.S.C. § 1915A(a). ECF No. 3. 24 In addition to state tort claims, the complaint asserts claims of retaliation, failure to 25 protect, and “civil rights violation[s].” ECF No. 1-2 at 3-5; ECF No. 1-3 at 1. Defendants Lynch 26 and Collinsworth have consented to removal, and the action was removed within thirty days of 27 //// 28 //// 1 service on the last-served defendant,1 as required…