Chinnapong v. Henry et al

Filing 5

ORDER Denying Motion for Leave to Proceed in Forma Pauperis; and Order of Remand. The IFP motion is denied. This action is therefore remanded to the Superior Court of California for the County of San Diego. Signed by Judge Larry Alan Burns on 8/3/2017. (Certified Copy sent to State Court) (All non-registered users served via U.S. Mail Service)(lrf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SUWANNEE CHINNAPONG, Case No.: 17cv1551-LAB (KSC) Plaintiff, 12 13 v. 14 ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS; AND SALLIE HENRY, Defendant. 15 ORDER OF REMAND 16 17 Defendant Sallie Henry removed this unlawful detainer case from the Superior 18 Court of California for the County of San Diego, identifying federal question jurisdiction 19 as the basis for removal. Henry also filed a motion to proceed in forma pauperis (“IFP”). 20 Henry’s IFP motion is incomplete. Among other things, it says Henry receives 21 social security disability payments, but fails to say how much those are. The IFP motion 22 is DENIED. 23 The Court is required to remand any removed case over which it lacks subject 24 matter jurisdiction. 28 U.S.C. § 1447(c); Lenau v. Bank of America, N.A., 131 F. Supp. 25 3d 1003, 1004 (E.D. Cal. 2015). Here, it is clear jurisdiction is lacking. 26 The claims in the complaint arise under state, not federal law. Henry, apparently 27 recognizing this, argues that defenses raised in the answer present federal questions. But 28 federal defenses do not give rise to federal question jurisdiction. Phillips Petroleum Co. 1 17cv1551-LAB (KSC) 1 v. Texaco, Inc., 415 U.S. 125, 127–28 (1974) (per curiam). In addition, the parties are 2 not diverse and the amount in controversy for diversity jurisdiction is not met. 3 4 This action is therefore REMANDED to the Superior Court of California for the County of San Diego. 5 6 7 IT IS SO ORDERED. Dated: August 3, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 17cv1551-LAB (KSC)

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