Opinion
No. CV 11-6819 R (VBKx)
12-15-2011
DANIEL KILROE, Plaintiff, v. UNITED STATES OF AMERICA; RUDKIN SMITH, M.D., Defendants.
ANDRÉ BIROTTE JR. United States Attorney LEON W. WEIDMAN Assistant United States Attorney Chief, Civil Division DAVID A. DeJUTE Assistant United States Attorney Attorneys for the United States
ORDER DISMISSING CASE
Honorable Manuel L. Real
The United States' motion to dismiss came on regularly for hearing on December 5, 2011, at 10:00 a.m.
No opposition was filed.
The motion to dismiss for lack of subject matter is GRANTED, as this Court derives its jurisdiction from the state court when the action is removed pursuant to 28 U.S.C. § 1442. Because the state court lacked subject matter jurisdiction over the Federal Defendants, this Court lacks subject matter jurisdiction. In re Elko County Grand Jury, 109 F.3d 554, 555 (9th Cir. 1997); see also Golden Eagle Insurance Corp. v. Allied Technology Group, 83 F.Supp.2d 1132, 1134 (C.D.Cal. 1999) citing Minnesota v. United States, 305. U.S. 382, 389, 59 S.Ct. 292, 295, 83 L.Ed. 235 (1939) and Glass v. National Railroad Passenger Corp., 570 F.Supp.2d 1180, 1183 (C.D.Cal. 2008).
THEREFORE, IT IS HEREBY ORDERED that Plaintiff's Complaint is DISMISSED without prejudice.
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MANUEL L. REAL
United States District Judge
Presented by:
ANDRÉ BIROTTE JR.
United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division
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DAVID A. DeJUTE
Assistant United States Attorney
Attorneys for the United States