Opinion
Case No. C-12-01727 RMW
05-13-2013
SHANNON McFARLAND, Plaintiff, v. COUNTY OF SANTA CRUZ, SHERIFF PHIL WOWAK, OFFICER WILLIAM GAZZA, OFFICER CHRISTOPHER HANKES, OFFICER JOHN HABERMEHL, BRUCE MCFARLAND, and DOES 1-99, inclusive, Defendants.
ORDER VACATING REMAND ORDER
AND DISMISSING THE CASE
This court granted plaintiff Shannon McFarland's motion to remand on the basis that the court lacks subject matter jurisdiction over plaintiffs remaining claim against defendant Bruce McFarland. Dkt. No. 49 ("Remand Order"). Because plaintiff never filed a state court action, the appropriate remedy is not a remand, but rather a dismissal for lack of subject matter jurisdiction.
Accordingly, this court hereby VACATES the Remand Order and DISMISSES the case for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.").
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Ronald M. Whyte
United States District Court Judge