MSB Homes LLC et al v. Williams et al

Filing 9

ORDER STRIKING 1 NOTICE OF REMOVAL; TERMINATING AS MOOT 2 APPLICATION TO PROCEED IN FORMA PAUPERIS; AND DIRECING CLERK TO CLOSE FILE. Signed by Judge Beth Labson Freeman on 1/9/2018. (blflc1S, COURT STAFF) (Filed on 1/9/2018)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN JOSE DIVISION

7
8

MSB HOMES LLC, et al.,
Plaintiffs,

9
10

United States District Court
Northern District of California

11

v.
MINNIE C. WILLIAMS, et al.,
Defendants.

12

Case No. 17-cv-07226-BLF
ORDER STRIKING NOTICE OF
REMOVAL; TERMINATING AS MOOT
APPLICATION TO PROCEED IN
FORMA PAUPERIS; AND DIRECTING
CLERK TO CLOSE FILE
[Re: ECF 1, 2]

13
14
15

On December 20, 2017, pro se Defendant Bruce C. Williams filed a Notice of Removal

16

which purports to remove an unlawful detainer case from the Santa Clara County Superior Court

17

to federal district court. Notice of Removal, ECF 1. The Notice of Removal is without legal

18

effect because at the time it was filed the unlawful detainer action already was pending in this

19

Court pursuant to an earlier Notice of Removal filed by Mr. Williams on November 28, 2017. See

20

Case No. 17-cv-06830-BLF. The removal statutes cited by Mr. Williams permit removal of a case

21

from state court to federal district court. See 28 U.S.C. §§ 1441, 1446. Because Mr. Williams’

22

first Notice of Removal stripped the state court of jurisdiction, there was no state court action to

23

remove when he filed his second Notice of Removal. See Geographic Expeditions, Inc. v. Estate

24

of Lhotka ex rel. Lhotka, 599 F.3d 1102, 1107 (9th Cir. 2010) (“[R]emoval jurisdiction ousts state-

25

court jurisdiction.”). One cannot remove a case that already has been removed. See Williams v.

26

Costco Wholesale Corp., 471 F.3d 975, 976-77 (9th Cir. 2006) (“Indeed, the idea of filing a notice

27

of removal in a case that is already pending in federal court, having been properly removed, is

28

nonsensical.”).

1

Accordingly, IT IS HEREBY ORDERED as follows:

2

(1)

The Notice of Removal (ECF 1) filed December 20, 2017 is STRICKEN;

3

(2)

Mr. Williams’ IFP application (ECF 2) is TERMINATED AS MOOT; and

4

(3)

The Clerk shall close the file.

5
6
7
8

Dated: January 9, 2018
______________________________________
BETH LABSON FREEMAN
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2