Guancione
California Department of Motor Vehicles v. Guancione
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 CALIFORNIA DEPARTMENT OF Case No. 5:22-cv-04894-EJD
MOTOR VEHICLES,
ORDER TO SHOW CAUSE WHY Plaintiff, ACTION SHOULD NOT BE REMANDED v.
ROSALIE GUANCIONE,
12 Defendant.
13 On August 26, 2022, pro se Defendant Rosalie Guancione removed this proceeding from the California Department of Motor Vehicles (“DMV”) Administrative Court pursuant to 28 U.S.C. §§ 1441 and 1443, crossclaiming for conspiracy to deprive her right to travel under 42 U.S.C. § 1985 and alleging violations of her First, Fourth, Fifth, Seventh, and Fourteenth Amendment rights. See Notice of Removal, Dkt. No. 1. Defendant subsequently moved to proceed in forma pauperis, stay proceedings, enter default, and to dismiss the DMV’s complaint. See Dkt. Nos. 3, 5, 15, 17. Section 1441(a) authorizes removal of actions that are brought in a state court of which a district court has original…