County of Santa Clara v. Ranger
County of Santa Clara v. Ranger
Trial Court Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 COUNTY OF SANTA CLARA, Case No. 22-cv-08901-BLF 8 Plaintiff, ORDER DENYING PLAINTIFF’S 9 Vv. REQUEST FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION 10 KELLY ANNE RANGER, [Re: ECF 16] 11 Defendant. a 12
13 On February 8, 2023, this Court remanded the above-captioned action to the Santa Clara
14 || County Superior Court pursuant to
28 U.S.C. § 1447(c). See Order Granting Plaintiffs Motion to © 15 || Remand, ECF 14. Ranger requests leave to file a motion for reconsideration of the remand order. QO 16 || See Req. for Leave, ECF 16.
= 17 the remand order is based on section 1447(c), a district court has no power to correct 2 18 or vacate it.” Acad. of Country Music v. Cont’l Cas. Co.,
991 F.3d 1059, 1064(9th Cir. 2021) 19 || Cnternal quotation marks and citation omitted, italics in original). Any review of the remand 20 || order, even by the court that issued it, is precluded by
28 U.S.C. § 1447(d). See
28 U.S.C. § 211447(d) (“An order remanding a case to the State court from which it was removed is not 22 || reviewable on appeal or otherwise. . . .”); Acad. of Country Music,
991 F.3d at 1064(“[I]f a 23 remand order is based on § 1447(c), then § 1447(d) precludes review by any federal court.”). 24 Because this Court lacks the power to reconsider its remand order, Ranger’s request for 25 || leave to file a motion for reconsideration is DENIED. 26 IT IS SO ORDERED. 27 Dated: February 22, 2023 AU) j Wy □□ acner BETH LABSON FREEMAN 28 United States District Judge
Reference
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