CENIZO GROUP LLC v. COGAN
ORDER REMANDING this action to the Magistrate Court of Houston County. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/2/2017. (tlh)
IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
CENIZO GROUP LLC,
CIVIL ACTION NO. 5:17-CV-370 (MTT)
Plaintiff Cenizo Group LLC filed a state law dispossessory action in the
Magistrate Court of Houston County. See generally Doc. 1. Defendant attempts to
remove this action, claiming that because Plaintiff refuses to address the bug infestation
at his residence, his “rights . . . are clearly at stake.” Id. at 2. “The presence or absence
of federal-question jurisdiction is governed by the ‘well-pleaded complaint rule,’ which
provides that federal jurisdiction exists only when a federal question is presented on the
face of the plaintiff’s properly pleaded complaint.” Caterpillar Inc. v. Williams, 482 U.S.
386, 392 (1987). Thus, “it is now settled law that a case may not be removed to federal
court on the basis of a federal defense.” Id.
Here, Defendant purports to remove the action pursuant to the civil rights
provision. Doc. 1 at 3. This amounts to a federal defense. Because Plaintiff’s
ejectment claim arose out of property dispossession, there is no federal-question
jurisdiction. Accordingly, this action is REMANDED to the Magistrate Court of Houston
County. See 28 U.S.C. § 1447(c) (“If at any time before final judgment it appears that
the district court lacks subject matter jurisdiction, the case shall be remanded.”).
SO ORDERED, this 2nd day of October, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?