Munson
People of the State of California v. Munson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PEOPLE OF THE STATE OF Case No. 21-cv-09155-JSC CALIFORNIA, et al., 8 Plaintiffs, ORDER TO SHOW CAUSE RE: FEDERAL SUBJECT MATTER v. JURISDICTION
TYLER WAYNE MUNSON,
11 Defendant.
12 Defendant initiated this matter by filing a notice of removal from Napa County Superior Court. (Dkt. No. 1.) He asserts federal subject matter jurisdiction under 28 U.S.C. §§ 1331 (federal question), 1343 (civil rights and elective franchise), and 1367 (supplemental jurisdiction). The burden of establishing federal subject matter jurisdiction is on the party asserting it. Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). This case appears to arise from a traffic citation against Defendant under California law. (Dkt. No. 1 at 9–12.) Defendant’s answer and notice of removal assert counterclaims under the U.S. Constitution. (Id. at 1 ¶ 1, 3 ¶ 10; Dkt. No. 2 ¶ 3.) However, an actual or anticipated counterclaim is not a proper basis…