Opinion
22-cv-00820 BLF (PR)
07-26-2022
GLENN DAVIS, Plaintiff, v. STEVEN POSSON CME, et al., Defendants.
ORDER STRIKING FEDERAL CLAIMS; OF REMAND TO MONTEREY COUNTY SUPERIOR COURT; CLOSING CASE (DOCKET NO. 11)
BETH LABSON FREEMAN, United States District Judge.
Plaintiff, a state prisoner, filed a civil action in Monterey County Superior Court against several defendants, including Dr. S. Posson and Dr. M. Sweet at the Correctional Training Facility (“CTF”) where Plaintiff is currently confined. Defendants Posson and Sweet removed this action to this Court under 28 U.S.C. § 1441, and requested the complaint be screened under 28 U.S.C. § 1915A(a). Dkt. No. 1.
On June 29, 2022, the Court screened the complaint and found the federal claims, i.e., claims under the American with Disabilities Act (“ADA”) and the Eighth Amendment, were insufficiently plead. Dkt. No. 10 at 3-5. Accordingly, the Court dismissed the complaint with leave to amend. Id. at 5. In the alternative, Plaintiff was granted leave to opt to strike the federal claims from the complaint and proceed solely on the state law claims, in which case the Court would remand the matter back to Monterey County Superior Court. Id. at 5-6.
Plaintiff has filed notice that he opts for the latter course, provided the Court will remand all four of the state law claims in his complaint. Dkt. No. 11. Since there is no reason not to do so, the Court will proceed with the remand.
In accordance with Plaintiff's notice, the federal claims in this action shall be STRICKEN from the complaint. Because the Court now lacks subject matter jurisdiction over this matter, the case shall be remanded. See 28 U.S.C. § 1447(c). No motion is necessary because the “ultimate responsibility to ensure jurisdiction lies with the district court.” Polo v. Innoventions Int'l, 833 F.3d 1193, 1996 (9th Cir. 2016). “[T]he district court generally must remand the case back to state court, rather than dismiss it.” Id.
CONCLUSION
For the reasons state above, the Court orders as follows:
1. The federal claims under the ADA and Eighth Amendment are STRICKEN from the complaint.
2. This matter is hereby REMANDED to the Superior Court of California, County of Monterey, under Case No. 21CV003651, to adjudicate the remaining state law claims.
The Clerk shall terminate any pending motions and close the file.
IT IS SO ORDERED.