Sobery Family Limited Partnership v. Harris

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion for leave to proceed in forma pauperis [ECF No. 3 ] is GRANTED. IT IS FURTHER ORDERED that this action is remanded to the Circuit Court of St. Louis County, with reference to Soberly Family Limited Partnership v. Harris, No. 15SL-AC11664. IT IS HEREBY CERTIFIED that an appeal would not be taken in good faith. Signed by District Judge Audrey G. Fleissig on July 6, 2015. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SOBERY FAMILY LIMITED
PARTNERSHIP, d/b/a Carrolton Gardens
Apartments by its Agent the Berkshire
Company,
Plaintiff,
v.
KIMBERLY HARRIS,
Defendant,

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No. 4:15CV988 AGF

MEMORANDUM AND ORDER
Defendant filed a notice of removal of this landlord-tenant action in the Circuit
Court of St. Louis County, Soberly Family Limited Partnership v. Harris, No. 15SLAC11664. She invoked federal-question jurisdiction in her notice.
The Court has reviewed the state court proceedings and finds no basis for this
Court’s jurisdiction, either under 28 U.S.C. § 1331 or § 1332. And on June 26, 2015,
Defendant entered into a consent judgment with Plaintiff for past rent in the amount of
$3,444.25 plus costs. Accessed on Missouri Case.net. Therefore, the Court lacks subject
matter jurisdiction, and this case is remanded under 28 U.S.C. § 1447(c).
Accordingly,
IT IS HEREBY ORDERED that Defendant’s motion for leave to proceed in
forma pauperis [ECF No. 3] is GRANTED.

IT IS FURTHER ORDERED that this action is remanded to the Circuit Court of
St. Louis County, with reference to Soberly Family Limited Partnership v. Harris, No.
15SL-AC11664.
IT IS HEREBY CERTIFIED that an appeal would not be taken in good faith.
Dated this 6th day of July, 2015.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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