Gross Mortgage Corporation v. Al-Mansur
Filing
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ORDER RE IN FORMA PAUPERIS STATUS FOR APPEAL. Signed by Judge Edward M. Chen on 3/19/13. (bpf, COURT STAFF) (Filed on 3/19/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GROSS MORTGAGE CORPORATION,
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Plaintiff,
For the Northern District of California
United States District Court
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No. C-13-0398 EMC
v.
ORDER RE IN FORMA PAUPERIS
STATUS FOR APPEAL
SABIR AL-MANSUR an individual also
known as Ronald M. Poole,
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Defendant.
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Defendant Sabir Al-Mansur has filed an appeal from the Court’s order remanding the case
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back to state court. See Gross Mortg. Corp. v. Al-Mansur, No. 13-15465 (9th Cir.). The Ninth
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Circuit has referred the case back to this Court for the limited purpose of determining whether in
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forma pauperis status should continue for the appeal or whether the appeal is frivolous or taken in
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bad faith.
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The court hereby revokes Mr. Al-Mansur’s in forma pauperis status because the appeal is
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frivolous. Subject matter jurisdiction is clearly lacking. The Court also notes that 28 U.S.C. §
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1447(d) bars Mr. Al-Mansur from appealing the remand order except to the extent he removed on
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the basis of 28 U.S.C. § 1443. See 28 U.S.C. § 1447(d) (providing that “[a]n order remanding a case
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to the State court from which it was removed is not reviewable on appeal or otherwise, except that
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an
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///
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order remanding a case to the State court from which it was removed pursuant to section 1442 or
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1443 of this title shall be reviewable by appeal or otherwise”). As stated above, Mr. Al-Mansur’s
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removal, even to the extent based on § 1443, is frivolous.
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The Clerk of the Court is instructed to provide a copy of this order to the Ninth Circuit
immediately.
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IT IS SO ORDERED.
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Dated: March 19, 2013
_________________________
EDWARD M. CHEN
United States District Judge
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For the Northern District of California
United States District Court
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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GROSS MORTGAGE,
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Case Number: CV13-00398 EMC
Plaintiff,
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CERTIFICATE OF SERVICE
v.
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SABIR AL-MANSUR et al,
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Defendant.
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For the Northern District of California
United States District Court
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/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on March 19, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
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Sabir Al-Mansur
2419 Market Street
Oakland, CA 94607
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U.S. Court of Appeals for the Ninth Circuit
95 7th Street, Box 193939
San Francisco CA 94103-3939
Dated: March 19, 2013
Richard W. Wieking, Clerk
By: Betty Lee, Deputy Clerk
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