Gross Mortgage Corporation v. Al-Mansur

Filing 22

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 GROSS MORTGAGE CORPORATION, 9 Plaintiff, For the Northern District of California United States District Court 10 11 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, 12 13 Defendant. ___________________________________/ 14 15 Defendant Sabir Al-Mansur has filed an appeal from the Court’s order remanding the case 16 back to state court. See Gross Mortg. Corp. v. Al-Mansur, No. 13-15465 (9th Cir.). The Ninth 17 Circuit has referred the case back to this Court for the limited purpose of determining whether in 18 forma pauperis status should continue for the appeal or whether the appeal is frivolous or taken in 19 bad faith. 20 The court hereby revokes Mr. Al-Mansur’s in forma pauperis status because the appeal is 21 frivolous. Subject matter jurisdiction is clearly lacking. The Court also notes that 28 U.S.C. § 22 1447(d) bars Mr. Al-Mansur from appealing the remand order except to the extent he removed on 23 the basis of 28 U.S.C. § 1443. See 28 U.S.C. § 1447(d) (providing that “[a]n order remanding a case 24 to the State court from which it was removed is not reviewable on appeal or otherwise, except that 25 an 26 /// 27 /// 28 /// 1 order remanding a case to the State court from which it was removed pursuant to section 1442 or 2 1443 of this title shall be reviewable by appeal or otherwise”). As stated above, Mr. Al-Mansur’s 3 removal, even to the extent based on § 1443, is frivolous. 4 5 The Clerk of the Court is instructed to provide a copy of this order to the Ninth Circuit immediately. 6 7 IT IS SO ORDERED. 8 9 Dated: March 19, 2013 _________________________ EDWARD M. CHEN United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 GROSS MORTGAGE, 4 Case Number: CV13-00398 EMC Plaintiff, 5 CERTIFICATE OF SERVICE v. 6 SABIR AL-MANSUR et al, 7 Defendant. 8 9 11 For the Northern District of California United States District Court 10 12 / 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. 13 14 15 16 Sabir Al-Mansur 2419 Market Street Oakland, CA 94607 17 18 19 20 21 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 22 23 24 25 26 27 28 3

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