Walker v. California Department of Corrections et al

Filing 24

ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/23/18 DENYING 17 Motion to Proceed IFP on appeal. (cc: USCA, 9th circuit) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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G. DANIEL WALKER,

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Plaintiff,

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No. 2:17-cv-2124 JAM CKD P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Plaintiff has filed a motion requesting leave to proceed in forma pauperis on appeal. On

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October 12, 2017, defendants removed this action from the Superior Court of Sacramento County

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pursuant to 28 U.S.C. § 1441(a) which permits removal if a federal court has original jurisdiction

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over claims brought in a state court. However, on April 27, 2018, the district court judge

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assigned to this case remanded it to the Superior Court of Sacramento County, pursuant to 28

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U.S.C. § 1447(c), finding that plaintiff failed to state a claim arising under federal law. Under 28

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U.S.C. § 1447(d), that order is not appealable.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma

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pauperis on appeal (ECF No. 17) is denied.

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Dated: May 23, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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walk2124.ifpa

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