Connelly v. Branch et al

Filing 7

ORDER REMANDING CASE.. Signed by Judge James Donato on 6/22/17. (lrcS, COURT STAFF) (Filed on 6/22/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN CONNELLY,

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Plaintiff,

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ORDER REMANDING ACTION
TO STATE COURT

v.

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R. BRANCH, et al.,

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Defendants.

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United States District Court
Northern District of California

Case No. 17-cv-01407-JD

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This pro se prisoner’s civil action was originally filed in Monterey County Superior Court.

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Defendants removed the case to this Court on March 15, 2017. On April 7, 2017, the Court

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screened the complaint and dismissed it with leave to amend. Nearly the same day the Court

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issued its screening order, plaintiff filed an objection to the removal, but the Court was unaware of

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that order while screening the case. Plaintiff has also filed a first amended complaint where he

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repeats his objections to removal. Plaintiff states that there are no federal claims and the case only

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contains state law claims regarding inadequate medical care in state prison. Defendants have not

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responded to plaintiff’s filings regarding returning to state court.

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Because plaintiff has expressly disavowed any federal claims, the case will be remanded to

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state court so that plaintiff may litigate in his chosen forum.1 See Swett v. Schenk, 792 F.2d 1447,

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1450 (9th Cir. 1986) (“it is within the district court’s discretion, once the basis for removal

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jurisdiction is dropped, whether to hear the rest of the action or remand it to the state court from

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which it was removed”); Plute v. Roadway Package System, Inc., 141 F. Supp. 2d 1005, 1007

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(N.D. Cal. 2001) (court may remand sua sponte or on motion of a party). The action is

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While plaintiff uses the term “deliberate indifference” which is associated with inadequate
medical care in violation of the Eighth Amendment, he is clear that there are no federal claims.

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REMANDED to the Monterey County Superior Court for such other and further proceedings as

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that court deems proper. The Clerk shall close the file and send the necessary materials to the

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Monterey County Superior Court for the remand.

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In light of the remand to state court, all pending motions are dismissed as moot. All
further motions must be filed in state court
IT IS SO ORDERED.
Dated: June 22, 2017

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN CONNELLY,

Case No. 17-cv-01407-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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R. BRANCH, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on June 22, 2017, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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John Connelly ID: H-83535
Correctional Training Facility (CTF)
P.O. Box 705
Soledad, CA 93960

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Dated: June 22, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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