Party Notice: ROGELIO REGALADO VS. CITY OF EDINBURG

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                                IN THE UNITED STATES DISTRICT COURT
                                               FOR THE SOUTHERN DISTRICT OF TEXAS
                                                              MCALLEN DIVISION

                  ROGELIO REGALADO,                                           §
                           Plaintiff,                                         §
                                                                              §
                  VS.                                                         §           CIVIL ACTION NO. 07:22-CV-228
                                                                              §
                  CITY OF EDINBURG,                                           §
                           Defendant.                                         §

                                                             NOTICE OF REMOVAL

                  TO THE HONORABLE UNITED STATES DISTRICT COURT:

                           NOW COMES City of Edinburg, Defendant herein, and, pursuant to 28 U.S.C. § 1446(a),

                  files its Notice of Removal of the present cause from the 206th Judicial District Court of Hidalgo

                  County, Texas, in which it is now pending, to the United States District Court for the Southern

                  District of Texas, McAllen Division, and in support thereof would respectfully show the following:

                  1.       This lawsuit was filed on July 6, 2022, in the 206th Judicial District Court of Hidalgo County,

                  Texas; bearing the style Rogelio Regalado v. City of Edinburg, and the cause number C-2535-22-D.

                  Defendant was served with Plaintiff’s Original Petition on July 11, 2022.

                  2.       The Plaintiff filed suit against Defendant for allege injuries and deprivation of his rights

                  under the Constitution of the United States as a result of being detained and arrested on or about

                  December 7, 2021. Plaintiff alleges that          he was wrongfully arrested by City of Edinburg Police

                  Officers   for  possession    of what   was   then  considered    a  legal  product,   that he  was   subjected    to

                  inhumane treatment while at the Edinburg City Jail due to the low ambient air temperature and lack

                  of medical attention, that bail set by the municipal judge was excessive, and that the municipal judge

                  denied him the right to counsel at arraignment.

                  3.       Plaintiff asserts claims for alleged violations guaranteed by the Fourth to be protected from
                  unlawful arrest and detention, and excessive bail, and by the Eighth Amendment from excessive

                  bail. Plaintiff also asserts a claim for the alleged violation of the Sixth Amendment right to legal

                  counsel.   Accordingly,     the  Court  has   original  jurisdiction   over  Plaintiff’s  claims   pursuant    to 28

                  U.S.C. § 1331.

                  4.       This Notice of Removal was timely filed within thirty (30) days from receipt by Defendants

                  of Plaintiff’s Original Petition, in accordance with the provision of 28 U.S.C. § 1446(b).

                  5.       Pursuant to 28 U.S.C. § 1446(d), writen notice of the filing of this removal shall be promptly

                  provided to Plaintiff following the filing of same. Further, a copy of this Notice of Removal shall

                  be promptly filed with the clerk of the state court from which this cause was removed.

                  6.       In accordance with the Local Rules for the United States District Court for the Southern

                  District of Texas governing removal of civil actions, the following is the Index of Exhibits for this

                  Notice of Removal:

                                    A.       State Court Docket Sheet

                                    B.       Plaintiff’s Original Petition

                                    C.       List of Parties and Counsel of Record

                                    D.       Civil Cover Sheet

                                                                                 Respectfully submitted



                                                                                 Ysmael D. Fonseca
                                                                                 State Bar No. 24069726
                                                                                 USDC No. 1139283
                                                                                 yfonseca@guerraleeds.com
                                                                                 Attorney-in-Charge
                                                                                 GUERRA & SABO, P.L.L.C.
                                                                                 10213 North 10th Street
                                                                                 McAllen, Texas 78504
                                                                                 (956) 383-4300

                                                                                 ATTORNEY FOR DEFENDANT

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                                                          CERTIFICATE OF SERVICE

                           I certify that a true and correct copy of the foregoing document was served on the 17th day
                  of July, 2022 in accordance with the Federal Rules of Civil Procedure as set forth below:

                           Via Regular Mail
                           Rogelio Regalado
                           #02315237
                           TDCJ Choice Moore Unit
                           1700 N. FM 87
                           Bonham, TX 75418


                                                                              Ysmael D. Fonseca




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