Chiang v. Afifi

Filing 6

ORDER TO SHOW CAUSE; ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AND REMANDING ACTION TO STATE COURT. Show Cause Response due by 6/24/2024. Signed by Judge Rita F. Lin on 6/3/2024. (mkl, COURT STAFF) (Filed on 6/3/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

TINA CHIANG,

Case No. 24-cv-03242-RFL

Plaintiff,
ORDER TO SHOW CAUSE; ORDER
DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS
AND REMANDING ACTION TO
STATE COURT

v.
SABRINA AFIFI,
Defendant.

Re: Dkt. Nos. 1, 2

Tina Chiang filed an unlawful detainer action against Sabrina Afifi in the Superior Court
of California for the County of Alameda in August 2023. (See Dkt. No. 1.) This is Afifi’s fourth
attempt to remove the case to federal court. (See Case Nos. 23-cv-6235-JD, 3:24-cv-01342-JD,
3:24-cv-01665-AMO.) As Afifi was previously advised, no subject matter jurisdiction exists
over this action based in state law, and Afifi’s claims or defenses cannot form the basis of the
Court’s jurisdiction. Therefore, the case is REMANDED to the Alameda Superior Court, and
Afifi’s application to proceed in forma pauperis is DENIED AS MOOT.
Afifi was also advised that another attempt to remove the same claims may result in an
award of fees and costs to Chiang under 28 U.S.C. § 1447(c). (3:24-cv-01342-JD, Dkt. No. 6.)
Accordingly, Afifi is ordered to show cause in writing by June 24, 2024, why she should not be
charged fees and costs under 28 U.S.C. § 1447(c). Chiang may provide any such fees and costs
by that same date.
IT IS SO ORDERED.
Dated: June 3, 2024

RITA F. LIN
United States District Judge

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