Ignacio v. County of Santa Clara
Filing
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ORDER REMANDING ACTION TO SANTA CLARA COUNTY SUPERIOR COURT 12 13 16 18 19 24 2 (Illston, Susan) (Filed on 8/22/2012) (Additional attachment(s) added on 8/22/2012: # 1 Certificate of Service) (tfS, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District CourtStates District Court
United
For the Northern District of California District of California
For the Northern
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COUNTY OF SANTA CLARA,
et al.,
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ORDER REMANDING ACTION TO
SANTA CLARA COUNTY SUPERIOR
COURT
Plaintiffs,
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No. CV 12-2673
v.
TEVIS IGNACIO,
Defendant.
/
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On May 24, 2012, defendant Tevis Ignacio removed to this Court a domestic relations action
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originally filed in Santa Clara County Superior Court. Dkt. 1. Attached to the “Removal Complaint”
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is a notice from the Santa Clara County Department of Child Support, informing Ignacio that he must
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attend court in a matter related to Court Case Number 19-FL-071025. Ignacio has previously attempted
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to remove the same state court matter. See Connie Mardesich v. Tevis Ignacio, Case No. 12-867 EJD,
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Dkt. 1. After issuing an order to show cause why the case should not be remanded, and finding
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Ignacio’s reply unresponsive, Judge Davila remanded the case to Santa Clara County Superior Court.
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Id., Dkt. 15. Here, Ignacio states that he “again files another complaint under titled [sic] 28 USC § 1443
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as he has been ordered to appear before the same State court . . . in which he repeatedly files this 1443
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removal action in this USDC court.” Dkt. 1 at 1.
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A defendant may not twice remove the same action where each removal is based on the same
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grounds. See Gross Mortg. Corp. v. Al-Mansur, 2012 WL 3277082, *1 (N.D. Cal. Aug. 9, 2012)
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(Rogers, J.) (citing St. Paul & C. Ry. Co. v. McLean, 108 U.S. 212 (1883)). In the latest removal,
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defendant has provided no different, or any, grounds for federal jurisdiction. See CV 12-867, Dkt. 13;
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CV 12-2673, Dkt. 1. This case is REMANDED to Santa Clara County Superior Court. The application
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to proceed in forma pauperis is GRANTED. The Clerk shall close the file.
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Dkts. 2, 12, 13, 16, 18, 19, 24.
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United States District Court
For the Northern District of California
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IT IS SO ORDERED.
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Dated: August 22, 2012
SUSAN ILLSTON
United States District Judge
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