Bartlett v. Patera
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. ORDER ADOPTING MAGISTRATE JUDGES 12 REPORT AND RECOMMENDATION REGARDING REMAND TO STATE COURT. (terminating 14 Motion to Continue). (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 8/31/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ROY M. BARTLETT,
Case No. 17-cv-01943-HSG
Plaintiff,
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v.
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MARCI PATERA,
Defendant.
United States District Court
Northern District of California
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ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION REGARDING
REMAND TO STATE COURT
Re: Dkt. No. 12
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The Court has reviewed Magistrate Judge Laporte’s Report and Recommendation
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remanding this action to state court. Dkt. No. 12. The Court finds the Report correct, well-
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reasoned and thorough, and adopts it in every respect.
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To the extent that Plaintiff suggests in opposition that this case should fall within 28
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U.S.C. § 1443(1)’s narrow exception to the well-pleaded complaint rule, see Dkt. No. 17, she has
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not made the requisite showing that she cannot adjudicate her claims in state court. See Patel v.
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Del Taco, Inc., 446 F.3d 996, 999 (9th Cir. 2006) (finding that a defendant must support such an
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assertion “by reference to a state statute or a constitutional provision that purports to command the
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state courts to ignore the federal rights” ); Georgia v. Rachel, 384 U.S. 780, 788–92 (1966)
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(holding that in the absence of a state statute or constitutional provision, a defendant must identify
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“an equivalent basis . . . or an equally firm prediction that the defendant would be ‘denied or
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cannot enforce’ the specified federal rights in the state court”); cf. Yellow Freight Sys., Inc. v.
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Donnelly, 494 U.S. 820, 823 (1990) (“Under our system of dual sovereignty, we have consistently
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held that state courts have inherent authority, and are thus presumptively competent, to adjudicate
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claims arising under the laws of the United States.”).
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Accordingly, IT IS HEREBY ORDERED that this case is remanded to Contra Costa
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County Superior Court. The Clerk is directed to remand the case and close the file.
IT IS SO ORDERED.
Dated: 8/31/2017
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________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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United States District Court
Northern District of California
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