Opinion
No. 18-15353
10-31-2018
ROY M. BARTLETT, Plaintiff-Appellee, v. MARCI PATERA, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 4:17-cv-06991-HSG MEMORANDUM Appeal from the United States District Court for the Northern District of California
Haywood S. Gilliam, Jr., District Judge, Presiding Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Defendant-appellant Marci Patera appeals pro se from the district court's order sua sponte remanding plaintiff's action to California state court. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a decision to remand a removed case. Patel v. Del Taco, Inc., 446 F.3d 996, 998 (9th Cir. 2006). We affirm.
The district court properly remanded the action to state court because Patera failed to establish that the state court could not enforce her rights. Contrary to Patera's contentions, Patera has not identified a California statute or constitutional provision that purports to command the state court to ignore her federal civil rights. See id. at 998-99 (two-part test for removal under 28 U.S.C. § 1443(1)).
All pending motions are denied.
AFFIRMED.