MSB Homes LLC et al v. Williams et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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MSB HOMES LLC, et al.,
Plaintiffs,
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United States District Court
Northern District of California
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v.
MINNIE C. WILLIAMS, et al.,
Defendants.
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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]
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On December 20, 2017, pro se Defendant Bruce C. Williams filed a Notice of Removal
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which purports to remove an unlawful detainer case from the Santa Clara County Superior Court
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to federal district court. Notice of Removal, ECF 1. The Notice of Removal is without legal
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effect because at the time it was filed the unlawful detainer action already was pending in this
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Court pursuant to an earlier Notice of Removal filed by Mr. Williams on November 28, 2017. See
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Case No. 17-cv-06830-BLF. The removal statutes cited by Mr. Williams permit removal of a case
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from state court to federal district court. See 28 U.S.C. §§ 1441, 1446. Because Mr. Williams’
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first Notice of Removal stripped the state court of jurisdiction, there was no state court action to
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remove when he filed his second Notice of Removal. See Geographic Expeditions, Inc. v. Estate
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of Lhotka ex rel. Lhotka, 599 F.3d 1102, 1107 (9th Cir. 2010) (“[R]emoval jurisdiction ousts state-
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court jurisdiction.”). One cannot remove a case that already has been removed. See Williams v.
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Costco Wholesale Corp., 471 F.3d 975, 976-77 (9th Cir. 2006) (“Indeed, the idea of filing a notice
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of removal in a case that is already pending in federal court, having been properly removed, is
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nonsensical.”).
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Accordingly, IT IS HEREBY ORDERED as follows:
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(1)
The Notice of Removal (ECF 1) filed December 20, 2017 is STRICKEN;
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(2)
Mr. Williams’ IFP application (ECF 2) is TERMINATED AS MOOT; and
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(3)
The Clerk shall close the file.
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Dated: January 9, 2018
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BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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