Perez v. Department of the Treasury et al

Filing 7

ORDER To REMAND Action to Fresno County Superior Court, signed by District Judge Lawrence J. O'Neill on 8/4/2010. Copy of remand order sent to other court. CASE CLOSED. (Scrivner, E)

Perez v. Department of the Treasury et al

Doc. 7

1 2 3 4 5 6 7 8 9 10 11 12 vs. 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Department of the Treasury, an agency of the United States of America ("government") removed this action to this Court on June 15, 2010, and moved to dismiss a Petition for Writ of Mandate filed by plaintiff Silvia T. Perez ("Ms. Perez"). Ms. Perez's petition seeks a writ to direct California Administrative Law Judge James Donabed ("ALJ") and the California Unemployment Insurance Board, Fresno Office of Appeals, Fresno County ("CUIB"), to allow unemployment benefits based on her past employment with the Internal Revenue Service ("IRS"). In a July 29, 2010 order, this Court dismissed the government from this action and found that it lacked jurisdiction over the remainder of Ms. Perez's claims: In the notice of removal, the government asserted that this Court has jurisdiction over this action pursuant to two statutes. First, the government relied on 28 U.S.C. §1346(b)(1), which confers on federal courts exclusive jurisdiction over civil actions against the United States and its agencies. Second, the government asserted that this Court has jurisdiction pursuant to 28 U.S.C. §1361, which considers federal jurisdiction 1 / DEPARTMENT OF THE TREASURY and CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD, SILVIA T. PEREZ, Plaintiffs, CASE NO. CV F 10-1082 LJO DLB ORDER TO REMAND ACTION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

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 Dated: b9ed48

over actions that seek to compel by mandamus action of a government officer or employee. Because Ms. Perez has failed to state a claim against the government, and does not seek to compel federal government action, this Court finds that it lacks jurisdiction over this action. Based on these considerations, the Court ordered the government to show cause why this Court should not remand this action to the State of California Superior Court, County of Fresno. In response to this Court's show cause order, the government filed a statement of non-opposition to remand. ORDER For good cause appearing, this Court REMANDS this action to the Fresno County Superior Court and DIRECTS the clerk of court to remand this action. IT IS SO ORDERED. August 4, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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