U.S. Bank National Association -v- Juan Perez

Filing 2

ORDER Declining to Accept 1 Received Document filed by Juan Perez. Signed by Judge James Ware on February 2, 2012. (jwlc3, COURT STAFF) (Filed on 2/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 12-80019 MISC

U.S. Bank Nat’l Ass’n,

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ORDER DECLINING TO ACCEPT
NOTICE OF REMOVAL

Plaintiff,
v.

For the Northern District of California

United States District Court

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Pedro Argueta, et al.,
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Defendants.
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/
Presently before the Court is a Notice of Removal from Juan Perez (“Perez”),1 who seeks to

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remove the above-entitled unlawful detainer action from Contra Costa County Superior Court.

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Perez, who claims to be a tenant in the home at issue in that case, is not named as defendant in the

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action. He seeks to remove the case based on federal question jurisdiction, asserting that the

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foreclosure violates his rights under 42 U.S.C. § 1983.

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On February 7, 2011, Perez first attempted to remove this action to federal court.2 The Court

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granted Plaintiff’s Motion to Remand on the ground that subject matter jurisdiction was lacking,

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insofar as no federal question appeared on the face of the Complaint.3 On November 9, 2011, Perez

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again filed a notice of removal, and Plaintiff again moved to remand the case.4 The Court granted

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(Notice of Removal (Under Federal Question Jurisdiction ) Provisions of Title 28 USC,
Section 1331 [sic], Docket Item No. 1.)

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(See Docket Item No. 1 in Case No. 11-00571 CRB.)

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(See Docket Item No. 15 in Case No. 11-00571 CRB.)

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(See Docket Item Nos. 1, 6 in Case No. 11-05465 PJH.)

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Plaintiff’s Motion to Remand, citing the Court’s previous Order and concluding that the Court still

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lacked subject jurisdiction over the Complaint.5 In addition, Judge Hamilton ordered that the Clerk

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of Court not accept further notices of Removal from Perez without the approval of a district court

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judge. (Id. at 2.)

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Upon review, the Court finds that Perez’s third Notice of Removal is indistinguishable from

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those earlier submitted, and provides no reasons why the Court should reconsider its earlier rulings.

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Accordingly, the Court DECLINES to file Perez’s Notice of Removal as it has previously been

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considered twice before. In light of this Order, the Clerk of Court shall refuse the January 25

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submission and return any fees tendered in relation to this submission.

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For the Northern District of California

United States District Court

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Dated: February 2, 2012
JAMES WARE
United States District Chief Judge

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(See Docket Item No. 11 in Case No. 11-05465 PJH.)
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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Juan Perez
3924 Worthing Way
Discovery Bay, CA 94505

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Dated: February 2, 2012

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy