BARTLETT v. PATERA (2018)

United States Court of Appeals, Ninth Circuit.

Roy M. BARTLETT, Plaintiff-Appellee, v. Marci PATERA, Defendant-Appellant.

No. 18-15353

Decided: October 31, 2018

Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

Roy Bartlett, Bartlett Law Firm, Walnut Creek, CA, for Plaintiff-Appellee Marci Patera, Pro Se

MEMORANDUM **

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.

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