McFarland v. County of Santa Cruz et al
Filing
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ORDER Dismissing the Case and Vacating 49 Order on Motion to Remand (rmwlc1S, COURT STAFF) (Filed on 5/13/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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SHANNON McFARLAND,
Case No. C-12-01727 RMW
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Plaintiff,
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ORDER VACATING REMAND ORDER
AND DISMISSING THE CASE
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v.
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COUNTY OF SANTA CRUZ, SHERIFF
PHIL WOWAK, OFFICER WILLIAM
GAZZA, OFFICER CHRISTOPHER
HANKES, OFFICER JOHN HABERMEHL,
BRUCE MCFARLAND, and DOES 1-99,
inclusive,
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Defendants.
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This court granted plaintiff Shannon McFarland's motion to remand on the basis that the
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court lacks subject matter jurisdiction over plaintiffs remaining claim against defendant Bruce
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McFarland. Dkt. No. 49 ("Remand Order"). Because plaintiff never filed a state court action, the
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appropriate remedy is not a remand, but rather a dismissal for lack of subject matter jurisdiction.
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Accordingly, this court hereby VACATES the Remand Order and DISMISSES the case for
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lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time
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that it lacks subject-matter jurisdiction, the court must dismiss the action.").
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Dated:
May 13, 2013
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___________________________________
Ronald M. Whyte
United States District Court Judge
REMAND ORDER
Case No. C-12-01727 RMW
ALG
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