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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 DAVID SCOTT HARRISON, Case No. 16-cv-07103-NJV (NJV) Plaintiff, 9 ORDER DENYING PLAINTIFF'S OPPOSITION TO NOTICE OF REMOVAL v. 10 11 S. KERNAN, et al., Re: Dkt. No. 8 United States District Court Northern District of California Defendants. 12 13 14 15 16 17 This case was originally filed in California Superior Court for the County of Marin. It was 18 removed to this court on December 13, 2016. (Doc. 1.) On December 22, 2016, Plaintiff filed an 19 "opposition" to the removal, which the court will construe as a motion for remand. (Doc. 8.) 20 Pursuant to 28 U.S.C. Section 1441, "[e]xcept as otherwise expressly provided by Act of 21 Congress, any civil action brought in a State Court of which the district courts of the United States 22 have original jurisdiction, may be removed by the defendant or defendants, to the district court of 23 the United States for the district and division embracing the place where the action is pending." 24 The district courts of the United States have original jurisdiction over "all civil actions 25 arising under the Constitution, laws or treaties of the United States." The complaint in the present 26 case alleges that Defendants "have , and continue, to violate the Equal Protection Clause of the 27 Fourteenth Amendment, of the United States Constitution." (Doc. 1-1.) This action therefore 28 arises under the Constitution of the United States and this court has original jurisdiction over the 1 2 3 4 5 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 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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