Clark v. Fields

Filing 3

ORDER signed by District Judge Kimberly J. Mueller on 4/17/2017 REMANDING CASE to Solano County Superior Court. Copy of remand order sent to other court; DENYING as MOOT 2 Motion to Proceed IFP. CASE CLOSED (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHOYLA CLARK,

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No. 2:17-cv-00758-KJM-KJN

Plaintiff,
v.

ORDER

CASSANDRA FIELDS,
Defendant.

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The issue in this case is unlawful detainer, with an amount in controversy of less

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than $1,000. See ECF No. 1. On April 10, 2017, defendant Cassandra Fields removed this case

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from state court to federal court. Id. Additionally, defendant filed a motion to proceed in forma

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pauperis (IFP). ECF No. 2.

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When a case “of which the district courts of the United States have original

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jurisdiction” is initially brought in state court, a defendant may remove it to federal court.

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28 U.S.C. § 1441(a). There are two bases for federal subject matter jurisdiction: (1) federal

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question jurisdiction under 28 U.S.C. § 1331, and (2) diversity jurisdiction under 28 U.S.C.

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§ 1332. A federal district court may remand a case sua sponte where a defendant has not

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established federal jurisdiction. See Enrich v. Touche Ross & Co., 846 F.2d 1190, 1195 (9th Cir.

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1988) (citing Wilson v. Republic Iron & Steel Co., 257 U.S. 92, 97 (1921)). “If at any time
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before final judgment it appears that the district court lacks subject matter jurisdiction, the case

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shall be remanded.” 28 U.S.C. § 1447(c).

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Here, the court finds the case should be remanded to the Solano County Superior

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Court. Because the amount in controversy is less than $75,000, and the main issue turns on state

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law, removal is improper because this court does not have subject matter jurisdiction under 28

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U.S.C. §§ 1331 and 1441.

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I.

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CONCLUSION
This case is remanded to Solano County Superior Court. Defendant’s IFP motion

is DENIED as MOOT.
IT IS SO ORDERED.
DATED: April 17, 2017

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UNITED STATES DISTRICT JUDGE

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