Ricks v. Voong

Filing 14

ORDER REMANDING CASE., ***Civil Case Terminated.. Signed by Judge jam on 7/25/18. (lrcS, COURT STAFF) (Filed on 7/25/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT RICKS,

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Plaintiff,

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ORDER REMANDING ACTION
TO STATE COURT

v.

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Re: Dkt. No. 13

M. VOONG,

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Defendant.

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United States District Court
Northern District of California

Case No. 18-cv-01069-JD

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

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Defendant removed the case to this Court because plaintiff alleged a violation of the First

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Amendment of the United States Constitution. Plaintiff has repeatedly objected to the removal

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from state court. The Court screened the complaint and dismissed it with leave to amend. The

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Court advised plaintiff that elimination of any federal claims would permit remand to state court.

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Plaintiff has filed a reply stating that he wishes to proceed in state court and he again represents

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that this is not a federal action pursuant to 42 U.S.C. § 1983.

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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). Plaintiff says that he

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does not want to pursue any federal claims, and so any federal claims that might be stated or

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The Court declines to exercise supplemental jurisdiction over the state law claims. See United
Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726 (1966).

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implied in the complaint are dismissed with prejudice.
The action is REMANDED to the Monterey County Superior Court for such other and

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further proceedings as that court deems proper. Plaintiff motion (Docket No. 13) is GRANTED

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to the extent the case is remanded.2 The Clerk shall close the file and send the necessary materials

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to the Monterey County Superior Court for the remand. All further motions must be filed in state

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court.
IT IS SO ORDERED.

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Dated: July 25, 2018

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JAMES DONATO
United States District Judge

United States District Court
Northern District of California

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To the extent plaintiff seeks to have the case transferred to San Bernardino County Superior
Court, he must raise that issue in state court.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT RICKS,

Case No. 18-cv-01069-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M. VOONG,
Defendant.

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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 July 25, 2018, 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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Scott Ricks ID: V-35068
Salinas Valley State Prison
P.O. Box 1050
Soledad, CA 93960-1050

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Dated: July 25, 2018

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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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