Joe Rodriguez v. Shannon Emery et al

Filing 8

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)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAI~ DISTRICT OF CALIFORNIA

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JOE RODRIGUEZ,

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Case No. CV 17-7982 MWF (SSx)
Plaintiff,
ORDER SU1~Il~IARILY REMANDING

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v.
IMPROPERLY-REMOVED ACTION

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SHANNON EMERY, et al.,

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Defendants.

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The Court will remand this unlawful detainer action to state
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court summarily because Defendant removed it improperly.
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On

November 1, 2017, Defendant Shannon Emery, having

been

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sued in what appears to be a routine unlawful detainer action in
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California state court, filed a Notice Of Removal of that action
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to this Court and presented an application to proceed in forma ,
~
~
pauperis.

The

Court

has

denied

the

IFP

application

under

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separate cover because the action was not properly removed.

To

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prevent the action from remaining in jurisdictional limbo, the
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Court issues this Order to remand the action to state court.
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Simply stated, this

action

could

not

have

been

originally

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filed in federal court because the complaint does not competently

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allege

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jurisdiction,

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~ 1441(a); see Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545

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U.S. 546, 563 (2005).

facts

supporting
and

either

therefore

diversity

removal

is

or

federal-question

improper.

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U.S.C.

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Accordingly, IT IS ORDERED that (1) this matter be REMANDED

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to the Superior Court of California, County of Los Angeles, 1725

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Main Street, Santa Monica, CA 90401, for lack of subject matter

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jurisdiction pursuant to 28 U.S.C. § 1447(c); (2) the Clerk send

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a certified copy of this Order to the state court; and (3) the

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Clerk serve copies of this Order on the parties.

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IT IS SO ORDERED.

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DATED: November 9, 2017

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MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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