Bartlett v. Patera

Filing 20

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROY M. BARTLETT, Case No. 17-cv-01943-HSG Plaintiff, 8 v. 9 10 MARCI PATERA, Defendant. United States District Court Northern District of California 11 ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION REGARDING REMAND TO STATE COURT Re: Dkt. No. 12 12 13 The Court has reviewed Magistrate Judge Laporte’s Report and Recommendation 14 remanding this action to state court. Dkt. No. 12. The Court finds the Report correct, well- 15 reasoned and thorough, and adopts it in every respect. 16 To the extent that Plaintiff suggests in opposition that this case should fall within 28 17 U.S.C. § 1443(1)’s narrow exception to the well-pleaded complaint rule, see Dkt. No. 17, she has 18 not made the requisite showing that she cannot adjudicate her claims in state court. See Patel v. 19 Del Taco, Inc., 446 F.3d 996, 999 (9th Cir. 2006) (finding that a defendant must support such an 20 assertion “by reference to a state statute or a constitutional provision that purports to command the 21 state courts to ignore the federal rights” ); Georgia v. Rachel, 384 U.S. 780, 788–92 (1966) 22 (holding that in the absence of a state statute or constitutional provision, a defendant must identify 23 “an equivalent basis . . . or an equally firm prediction that the defendant would be ‘denied or 24 cannot enforce’ the specified federal rights in the state court”); cf. Yellow Freight Sys., Inc. v. 25 Donnelly, 494 U.S. 820, 823 (1990) (“Under our system of dual sovereignty, we have consistently 26 held that state courts have inherent authority, and are thus presumptively competent, to adjudicate 27 claims arising under the laws of the United States.”). 28 Accordingly, IT IS HEREBY ORDERED that this case is remanded to Contra Costa 1 2 3 County Superior Court. The Clerk is directed to remand the case and close the file. IT IS SO ORDERED. Dated: 8/31/2017 4 ________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 5 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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