Baranda et al v. Carrington Mortgage Service, LLC. et al

Filing 2

MEMORANDUM AND ORDER dismissing action without prejudice to filing in state court; Signed by Judge Marilyn Hall Patel on 4/15/2009. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 4/15/2009) Modified on 4/15/2009 (rcs, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 v. CARRINGTON MORTGAGE SERVICE, LLC, et al., Defendants. / SILVERIO M. BARANDA III, et al., Plaintiffs, No. C 09-01641 MHP MEMORANDUM & ORDER Re: Complaint and Request for Temporary Restraining Order

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: April 15, 2009 IT IS SO ORDERED.

Plaintiffs, filing pro se, filed a complaint and requested a temporary restraining order on April 14, 2009. The complaint pertains to the impending foreclosure upon plaintiff's house in Daly City, California, for failure to pay his mortgage payments. Although plaintiff has alleged jurisdiction under several federal statutes as well as diversity, he alleges no facts that would give rise to claims under those statutes or any basis for diversity jurisdiction. Nor does this court have the authority to grant the relief plaintiff seeks, namely initiating an investigation, arresting defendants or, more immediately, enjoining the sale of plaintiff's property. This is an action over which the Superior Court for the State of California, County of San Mateo may have jurisdiction. This court is without jurisdiction and, therefore, the complaint is DISMISSED without prejudice to filing in state court.

MARILYN HALL PATEL United States District Court Judge Northern District of California