Harrison v. Kernan et al

Filing 12

ORDER Denying Opposition to Notice of Removal. Signed by Judge Nandor J. Vadas on 1/20/2017. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 1/20/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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DAVID SCOTT HARRISON,

Case No. 16-cv-07103-NJV (NJV)

Plaintiff,
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ORDER DENYING PLAINTIFF'S
OPPOSITION TO NOTICE OF
REMOVAL

v.
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S. KERNAN, et al.,

Re: Dkt. No. 8

United States District Court
Northern District of California

Defendants.
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This case was originally filed in California Superior Court for the County of Marin. It was

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removed to this court on December 13, 2016. (Doc. 1.) On December 22, 2016, Plaintiff filed an

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"opposition" to the removal, which the court will construe as a motion for remand. (Doc. 8.)

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Pursuant to 28 U.S.C. Section 1441, "[e]xcept as otherwise expressly provided by Act of

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Congress, any civil action brought in a State Court of which the district courts of the United States

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have original jurisdiction, may be removed by the defendant or defendants, to the district court of

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the United States for the district and division embracing the place where the action is pending."

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The district courts of the United States have original jurisdiction over "all civil actions

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arising under the Constitution, laws or treaties of the United States." The complaint in the present

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case alleges that Defendants "have , and continue, to violate the Equal Protection Clause of the

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Fourteenth Amendment, of the United States Constitution." (Doc. 1-1.) This action therefore

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arises under the Constitution of the United States and this court has original jurisdiction over the

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action. The removal was proper, and Plaintiff's opposition, is THEREFORE DENIED.
IT IS SO ORDERED.
Dated: January 20, 2017
______________________________________
NANDOR J. VADAS
United States Magistrate Judge

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United States District Court
Northern District of California

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