E*Trade Bank v. Keller et al

Filing 5

ORDER Remanding Case to State Court. Signed by Judge Dana M. Sabraw on 4/26/2013.(All non-registered users served via U.S. Mail Service)(certified copy mailed to Superior Ct.).(vam)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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E*TRADE BANK,

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Plaintiff,
vs.

ORDER REMANDING CASE TO STATE
COURT

CARLEEN M. KELLER, and Does 1
through 5, inclusive,

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CASE NO. 12cv2852 DMS (KSC)

Defendants.
On November 29, 2012, Susan Garcia, proceeding pro se, filed a Notice of Removal of this

16 case from San Diego Superior Court, asserting the existence of federal question jurisdiction. Ms.
17 Garcia, however, is not a party to the underlying case. Accordingly, she has no right to remove this
18 case. See 28 U.S.C. § 1441(a) (stating defendants have right of removal). Absent removal by a party
19 to the case, the Court remands this case to state court. The Clerk of Court shall close this case.
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IT IS SO ORDERED.

21 DATED: April 26, 2013
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HON. DANA M. SABRAW
United States District Judge

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12cv2852