Ignacio v. County of Santa Clara
Filing
26
ORDER REMANDING ACTION TO SANTA CLARA COUNTY SUPERIOR COURT 12 13 16 18 19 24 2 (Illston, Susan) (Filed on 8/22/2012) (Additional attachment(s) added on 8/22/2012: # 1 Certificate of Service) (tfS, COURT STAFF).
<![CDATA[
1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
United States District CourtStates District Court
United
For the Northern District of California District of California
For the Northern
10
11
12
13
COUNTY OF SANTA CLARA,
et al.,
16
17
ORDER REMANDING ACTION TO
SANTA CLARA COUNTY SUPERIOR
COURT
Plaintiffs,
14
15
No. CV 12-2673
v.
TEVIS IGNACIO,
Defendant.
/
18
19
On May 24, 2012, defendant Tevis Ignacio removed to this Court a domestic relations action
20
originally filed in Santa Clara County Superior Court. Dkt. 1. Attached to the “Removal Complaint”
21
is a notice from the Santa Clara County Department of Child Support, informing Ignacio that he must
22
attend court in a matter related to Court Case Number 19-FL-071025. Ignacio has previously attempted
23
to remove the same state court matter. See Connie Mardesich v. Tevis Ignacio, Case No. 12-867 EJD,
24
Dkt. 1. After issuing an order to show cause why the case should not be remanded, and finding
25
Ignacio’s reply unresponsive, Judge Davila remanded the case to Santa Clara County Superior Court.
26
Id., Dkt. 15. Here, Ignacio states that he “again files another complaint under titled [sic] 28 USC § 1443
27
as he has been ordered to appear before the same State court . . . in which he repeatedly files this 1443
28
removal action in this USDC court.” Dkt. 1 at 1.
1
A defendant may not twice remove the same action where each removal is based on the same
2
grounds. See Gross Mortg. Corp. v. Al-Mansur, 2012 WL 3277082, *1 (N.D. Cal. Aug. 9, 2012)
3
(Rogers, J.) (citing St. Paul & C. Ry. Co. v. McLean, 108 U.S. 212 (1883)). In the latest removal,
4
defendant has provided no different, or any, grounds for federal jurisdiction. See CV 12-867, Dkt. 13;
5
CV 12-2673, Dkt. 1. This case is REMANDED to Santa Clara County Superior Court. The application
6
to proceed in forma pauperis is GRANTED. The Clerk shall close the file.
7
8
Dkts. 2, 12, 13, 16, 18, 19, 24.
9
United States District Court
For the Northern District of California
10
IT IS SO ORDERED.
11
12
Dated: August 22, 2012
SUSAN ILLSTON
United States District Judge
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
