Paramount Construction v. Snyder et al

Filing 6

ORDER that this case is REMANDED to Justice Court of DeSoto County, Mississippi. Signed by Senior Judge Neal B. Biggers on 12/14/17. (tab)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
PARAMOUNT CONSTRUCTION
V.

PLAINTIFF
CIVIL ACTION NO. 3:17-CV-00242-NBB-RP

BERNARD SNYDER and
LINDA SNYDER

DEFENDANTS
ORDER

This cause comes before the court, sua sponte, for entry of an order to remand the abovestyled and numbered case. Plaintiff Paramount Construction filed the instant landlord-tenant
dispute and asserts two counts against the defendants: 1) to show cause as to why they should not
be evicted from the premises, and 2) to pay overdue rent in the amount of $3500. Defendant
Bernard Snyder timely removed the action to this court and argues that this court has federal
question jurisdiction because, he asserts, Paramount has violated the Fair Housing Act. See 42
U.S.C. § 1331; 42 U.S.C. §§ 3601- 3631.
After reviewing Paramount’s pleadings, it is clear that no federal claim has been asserted.
Snyder seemingly contends that he has either a federal defense in the instant suit or a federal
counter-claim against Paramount, or perhaps both. Neither, however, is sufficient to create
jurisdiction where it otherwise does not exist. See Holmes v. Group, Inc. v. Vornado Air
Circulation Sys., 535 U.S. 826, 831 (2002); Caterpillar, Inc. v. Williams, 482 U.S. 386, 393
(1987). Further, Snyder does not argue nor do the pleadings demonstrate that diversity
jurisdiction exists in the instant case. See 42 U.S.C. § 1332.

For these reasons, the court finds that it lacks subject matter jurisdiction over the claims
asserted. It is, therefore, ORDERED AND ADJUDGED that this case is hereby remanded to
the Justice Court of Desoto County, Mississippi.
This, the 14th day of December, 2017.
/s/ Neal Biggers
NEAL B. BIGGERS, JR.
UNITED STATES DISTRICT JUDGE

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