Fischer Market Place v. Rechtzigel

Filing 2

ORDER Remanding this action to state court for lack of subject-matter jurisdiction(Written Opinion). Signed by Senior Judge David S. Doty on 8/23/2013. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 13-2297(DSD/AJB)
Fischer Market Place,
Plaintiff,
ORDER

v.
Gene Rechtzigel, Pro Se and
Trustee of the Rechtzigel Trusts,
Defendant.

This matter is before the court sua sponte.

On August 22,

2013, pro se defendant Gene Rechtzigel removed this Torrens action
from Minnesota state court. Federal courts, however, are courts of
limited jurisdiction.
Cir.

1991).

As

jurisdiction

sua

a

Thomas v. Basham, 931 F.2d 521, 522 (8th
result,

sponte

jurisdiction is lacking.”
subject-matter

“when

court
there

Id. at 523.

jurisdiction

See ECF No. 1, Ex. 7.

the

on

must
is

an

raise

issues

indication

of

that

Here, Rechtzigel premises

federal

question

jurisdiction.

Specifically, Rechtzigel argues that his

civil rights have been violated under 42 U.S.C. § 1983 and 18
U.S.C. § 241.

Id.

A state court action, however, is removable only if the court
has original jurisdiction.

28 U.S.C. § 1441(a).

Under federal

question jurisdiction, the court has “original jurisdiction of all
civil actions arising under the Constitution, laws, or treaties of
the United States.”

Id. § 1331.

The court considers “a claim to

have arisen under federal law if a federal cause of action appears

on the face [of] a well-pleaded complaint.”

Oglala Sioux Tribe v.

C & W Enters., Inc., 487 F.3d 1129, 1131 (8th Cir. 2007) (citation
omitted). “Under the well-pleaded complaint rule, the existence of
a federal cause of action depends upon the plaintiff’s claim rather
than any defense that may be asserted by the defendant.”
(citation omitted).

Id.

In this matter, plaintiff Fischer Market

Place’s claim in the state-court matter - a Torrens registration
action - does not arise under federal law.

Therefore, the court

lacks jurisdiction over this action, and remand is warranted.
Accordingly, IT IS HEREBY ORDERED that this action is remanded
to state court for lack of subject-matter jurisdiction.
Dated:

August 23, 2013
s/David S. Doty
David S. Doty, Judge
United States District Court

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