LaMons v. Clark, et al.

Filing 6

ORDER signed by District Judge Frank R. Zapata on 2/18/2009, REMANDING CASE to Kings County Superior Court. Copy of remand order sent to Kings County Superior Court. CASE CLOSED. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. W ard en Ken Clark, et al., Defendants. J o n a th a n LaMons P l a i n t if f , ) ) ) ) ) ) ) ) ) ) N o . 1:07-CV-01432-FRZ ORDER I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

SC

D e fe n d a n t Ken Clark removed this action from the Kings County Superior Court to fe d e ra l court based on federal question subject matter jurisdiction. See 28 U.S.C. § 1331. T h e Court will remand this action to state court as improperly removed. "If at any time . . . it appears that the district court lacks subject matter jurisdiction, [a removed] case shall be remanded." 28 U.S.C. § 1447(c). A defendant may remove any c ivil action brought in state court over which the federal court would have original ju ris d ic tio n . 28 U.S.C. §1441(a). That is, only a civil action that could have originally been b ro u gh t in federal court may be removed from state to federal court. Caterpillar Inc. v. W illiam s, 482 U.S. 386, 392 (1987). In this case, Defendant removed this case asserting the Plaintiff seeks to recover for a violation of his constitutional rights pursuant to 42 U.S.C. § 1983. That is not the case. P la in tiff only alleges state law claims for gross negligence and negligence. For that reason, this action will be summarily remanded to state court. See 28 U.S.C. §§ 1446(c)(4), 1447(c).

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I T IS ORDERED that this action is remanded to the state court as improperly re m o ve d . [Doc.# 1]

D A T E D this 18 th day of February, 2009.

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