Mwasi v. Broomfield

• Court: District Court, N.D. California
• Decided: January 5, 2022
• Docket: 3:21-cv-06355
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KING MWASI, Case No. 21-cv-06355-JD

8 Plaintiff, ORDER REMANDING ACTION TO 9 v. STATE COURT

10 R. BROOMFIELD, et al., Re: Dkt. No. 12 Defendants. 11

12 13 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983 and 14 various state laws. Defendants removed this action from Marin County Superior Court. This 15 Court dismissed the complaint with leave to amend noting that plaintiff failed to present any 16 cognizable federal claims. Plaintiff responded and stated that this action is better suited in state 17 court. Dkt. No. 10 at 1. The Court provided plaintiff an opportunity to disavow any and all 18 federal claims and request a remand to state court. He was informed that the federal claims would 19 be dismissed with prejudice and he would not be able to proceed with a federal due process claim 20 regarding his inmate appeals and his claims under the Americans with Disabilities Act. Plaintiff 21 filed a response and indicates that he wishes to waive all of his federal claims. Dkt. No. 12 ¶ 5. 22 Because plaintiff has expressly disavowed any federal claims, the case will be remanded to 23 state court so that plaintiff may litigate in his chosen forum.1 See Swett v. Schenk, 792 F.2d 1447, 24 1450 (9th Cir. 1986) (“it is within the district court’s discretion, once the basis for removal 25 jurisdiction is dropped, whether to hear the rest of the action or remand it to the state court from 26 which it was removed”); Plute v. Roadway Package System, Inc., 141 F. Supp. 2d 1005, 1007 27 1 (N.D. Cal. 2001) (court may remand sua sponte or on motion of a party). Plaintiff specifically 2 || waived the federal claims; therefore, any federal claims are dismissed with prejudice. 3 Plaintiff's motion (Dkt. No. 12) is GRANTED and this action is REMANDED to the 4 || Marin County Superior Court for such other and further proceedings as that court deems proper. 5 The Clerk is requested to CLOSE the case and send the necessary materials to the Marin County 6 Superior Court for the remand. All further motions must be filed in state court. 7 IT IS SO ORDERED. 8 || Dated: January 5, 2022 9 10 JAMES TO I United Stg@es District Judge 12

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