Lott

Lott v. Miller

Good Law
United States District Court, Southern District of CaliforniaJanuary 23, 20203:20-cv-00147California1,000 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

10 CHRISTOPHER LOTT, Case No. 20-cv-147-BAS-AGS 11 Plaintiff, ORDER REMANDING ACTION

FOR LACK OF SUBJECT

v. MATTER JURISDICTION 13 JEFF MILLER, et al.,

Defendants. 16 On January 22, 2020, Defendant Jeff Miller removed this matter to federal court pursuant to 28 U.S.C. § 1441(a) based on federal question jurisdiction under 28 U.S.C. § 1331. (ECF No. 1, Notice of Removal (“Removal”) ¶¶ 1, 3.) Courts address the issue of subject matter jurisdiction first, as “[t]he requirement that jurisdiction be established as a threshold matter ‘spring[s] from the nature and limits of the judicial power of the United States and is ‘inflexible and without exception.’” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94–95 (1998) (quoting Mansfield, C. & L.M. Ry. Co. v. Swan, 111 U.S. 379, 382 (1884)). “Federal courts are courts of limited jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). “They possess only…

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