1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PEOPLE OF THE STATE OF Case No. 21-cv-09155-JSC CALIFORNIA, et al., 8 Plaintiffs, ORDER TO SHOW CAUSE RE: 9 FEDERAL SUBJECT MATTER v. JURISDICTION 10 TYLER WAYNE MUNSON, 11 Defendant.

12 13 Defendant initiated this matter by filing a notice of removal from Napa County Superior 14 Court. (Dkt. No. 1.) He asserts federal subject matter jurisdiction under

15 (federal question), 1343 (civil rights and elective franchise), and 1367 (supplemental jurisdiction). 16 The burden of establishing federal subject matter jurisdiction is on the party asserting it. 17 Kokkonen v. Guardian Life Ins. Co.,

(1994). This case appears to arise from a 18 traffic citation against Defendant under California law. (Dkt. No. 1 at 9–12.) Defendant’s answer 19 and notice of removal assert counterclaims under the U.S. Constitution. (Id. at 1 ¶ 1, 3 ¶ 10; Dkt. 20 No. 2 ¶ 3.) However, an actual or anticipated counterclaim is not a proper basis for federal 21 question jurisdiction. Vaden v. Discover Bank,

(2009); Holmes Grp., Inc. v. 22 Vornado Air Circulation Sys., Inc.,

, 830–32 (2002). Federal question jurisdiction 23 “exists only when a federal question is presented on the face of the plaintiff’s properly pleaded 24 complaint.” Wayne v. DHL Worldwide Express,

(9th Cir. 2002) (cleaned 25 up). 26 Because Defendant asserts federal subject matter jurisdiction but no basis for such 27 jurisdiction is apparent, Defendant is ORDERED to show cause why this case should not be 1 in writing on or before March 10, 2022. The initial Case Management Conference set for 2 February 24, 2022 is VACATED. 3 The Court encourages Defendant to seek free assistance from the Northern District’s Legal 4 Help Center, 450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco, CA 94102. In 5 || light of the ongoing COVID-19 pandemic, Defendant should make a telephone appointment by 6 || calling (415) 782-8982. The website for the Northern District of California also has information 7 for litigants who are not represented by counsel. 8 IT IS SO ORDERED. 9 Dated: February 9, 2022 10 ll ne JACQUELINE SCOTT CORLE 12 United States Magistrate Judge

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