Joseph

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ALONZO JOSEPH, Case No.: 3:19-cv-2139-GPC-RBM

CDCR #K-62045,

ORDER:

Plaintiff, 13 v. 1) OVERRULING PLAINTIFF’S

OBJECTION TO REMOVAL

Dr. DAVID CLAYTON, M.D., [ECF No. 3] Defendant. 16 2) GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S

EIGHTH AMENDMENT CLAIMS

18 PURSUANT TO Fed. R. Civ. P. 12(b)(6) [ECF No. 4]

AND

21 3) DISMISSING PLAINTIFF’S

RETALIATION CLAIMS

SUA SPONTE PURSUANT TO 28 U.S.C. § 1915A(b)(1) 24 25 Currently before the Court are Plaintiff Alonzo Joseph’s Objection to Removal [ECF No. 3] and Defendant David Clayton’s Motion to Dismiss Joseph’s Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. 4). Because the Court finds removal was proper pursuant to 28 U.S.C. § 1441(a), it OVERRULES Joseph’s objection and declines to remand the case to San Diego Superior Court. However, because the Court…