McFarland v. County of Santa Cruz et al

Filing 50

ORDER Dismissing the Case and Vacating 49 Order on Motion to Remand (rmwlc1S, COURT STAFF) (Filed on 5/13/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN JOSE DIVISION 8 9 SHANNON McFARLAND, Case No. C-12-01727 RMW 10 Plaintiff, 11 ORDER VACATING REMAND ORDER AND DISMISSING THE CASE 12 v. 13 COUNTY OF SANTA CRUZ, SHERIFF PHIL WOWAK, OFFICER WILLIAM GAZZA, OFFICER CHRISTOPHER HANKES, OFFICER JOHN HABERMEHL, BRUCE MCFARLAND, and DOES 1-99, inclusive, 14 15 16 17 Defendants. 18 19 This court granted plaintiff Shannon McFarland's motion to remand on the basis that the 20 court lacks subject matter jurisdiction over plaintiffs remaining claim against defendant Bruce 21 McFarland. Dkt. No. 49 ("Remand Order"). Because plaintiff never filed a state court action, the 22 appropriate remedy is not a remand, but rather a dismissal for lack of subject matter jurisdiction. 23 Accordingly, this court hereby VACATES the Remand Order and DISMISSES the case for 24 lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time 25 that it lacks subject-matter jurisdiction, the court must dismiss the action."). 26 27 Dated: May 13, 2013 28 ___________________________________ Ronald M. Whyte United States District Court Judge REMAND ORDER Case No. C-12-01727 RMW ALG -1-

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