Joe Rodriguez v. Shannon Emery et al
ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge Michael W. Fitzgerald that (1) this matter be REMANDED to the Superior Court of California, County of Los Angeles, 1725 Main Street, Santa Monica, CA 90401, for lack of subject matter jurisdiction pursuant to 28 USC section 1447(c); (2) the Clerk send a certified copy of this Order to the state court; and (3) the Clerk serve copies of this Order on the parties. (Made JS-6 Case Terminated.) (jp)
UNITED STATES DISTRICT COURT
CENTRAI~ DISTRICT OF CALIFORNIA
Case No. CV 17-7982 MWF (SSx)
ORDER SU1~Il~IARILY REMANDING
SHANNON EMERY, et al.,
The Court will remand this unlawful detainer action to state
court summarily because Defendant removed it improperly.
November 1, 2017, Defendant Shannon Emery, having
sued in what appears to be a routine unlawful detainer action in
California state court, filed a Notice Of Removal of that action
to this Court and presented an application to proceed in forma ,
separate cover because the action was not properly removed.
prevent the action from remaining in jurisdictional limbo, the
Court issues this Order to remand the action to state court.
Simply stated, this
filed in federal court because the complaint does not competently
~ 1441(a); see Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545
U.S. 546, 563 (2005).
Accordingly, IT IS ORDERED that (1) this matter be REMANDED
to the Superior Court of California, County of Los Angeles, 1725
Main Street, Santa Monica, CA 90401, for lack of subject matter
jurisdiction pursuant to 28 U.S.C. § 1447(c); (2) the Clerk send
a certified copy of this Order to the state court; and (3) the
Clerk serve copies of this Order on the parties.
IT IS SO ORDERED.
DATED: November 9, 2017
MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE
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