Qin v. Tayor et al

Filing 5

ORDER that this case is REMANDED back to the Justice Court, Las Vegas Township, Clark County, Nevada, Case No. 15E009327 for Want of Subject-matter Jurisdiction. The Clerk of Court is directed to close this case. Defendant William Taylor's 1 Motion/Application for Leave to Proceed in forma pauperis is Denied as moot. Signed by Judge Jennifer A. Dorsey on 10/24/2016. (Copies have been distributed pursuant to the NEF - certified copy of Order and docket sheet mailed to Las Vegas Justice Court - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Shu Hua Qin,

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2:16-cv-00189-JAD-NJK
Plaintiff

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v.

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William Taylor, et al.,

Order Remanding Case for Want of
Subject-matter Jurisdiction

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Defendants

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Defendant William Taylor removed this unlawful-detainer action from the Las Vegas

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Justice Court to this court in February 2016 and seeks pauper status.1 Taylor did not attach to his

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removal notice the documents from the state-court action as 28 U.S.C. § 1446(a) requires,2 but he

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claims that this court’s jurisdiction arises under 28 U.S.C. § 1443 because this is a civil-rights

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case and he is being deprived of due process.3

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Because a defendant “cannot remove a state-law claim from state to federal court even if

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his defense is based entirely on federal law,”4 I gave Taylor until October 7, 2016, to show cause

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why this case should not be remanded back to state court for lack of subject-matter jurisdiction. I

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warned Taylor that, if he did not “file a response to this order by that date or fail[ed] to

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demonstrate that federal subject-matter jurisdiction exists, this case w[ould] be remanded without

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further notice.”5

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October 7, 2016, came and went without any response to my OSC or a request to extend
the deadline for response. Accordingly, because it appears that this court lacks subject-matter

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1

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ECF No. 1.

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28 U.S.C. § 1446(a) (explaining that the notice of removal must be filed “together with a copy
of all process, pleadings, and orders served upon such defendant”).
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ECF No. 1-1 at 3–4.

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Hunter v. United Van Lines, 746 F.2d 635, 639 (9th Cir. 1984).

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ECF No. 4.

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jurisdiction over this justice-court eviction case and that removal was therefore improper,
IT IS HEREBY ORDERED that this case is REMANDED back to the Justice Court,

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Las Vegas Township, Clark County, Nevada, Case No. 15E009327. The Clerk of Court is

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directed to CLOSE THIS CASE.

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IT IS FURTHER ORDERED that Taylor’s Application to Proceed Without Prepaying
Fees or Costs [ECF No. 1] is DENIED as moot.
Dated October 24, 2016

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_______________________________
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Jennifer A. Dorsey
nifer Dorsey
fe
e
United States District Judge
ited
t Judge
ud

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