Tako LLC v Colvin

Filing 6

ORDER that the case is remanded to the state court from which it was removed for all further proceedings. The clerk of court is instructed to close this case. Signed by Judge Andrew P. Gordon on 11/21/2022. (Copies have been distributed pursuant to the NEF - certified docket and order sent to 8th - TRW)

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Case 2:22-cv-01837-APG-NJK Document 6 Filed 11/21/22 Page 1 of 1 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 TAKO LLC, 4 Plaintiff Case No.: 2:22-cv-01837-APG-NJK Order Remanding Case for Lack of Subject Matter Jurisdiction 5 v. 6 PARNELL COLVIN, 7 Defendant 8 9 Defendant Parnell Colvin removed this action from state court based on federal question 10 jurisdiction. ECF No. 1. Under 28 U.S.C.§ 1331, federal district courts have jurisdiction over 11 “all civil actions arising under the Constitution, laws, or treaties of the United States.” Colvin 12 asserted that federal question jurisdiction exists because plaintiff Tako LLC violated his federal 13 constitutional rights. However, Colvin’s federal defenses or counterclaims cannot create federal 14 question jurisdiction for removal. See ECF No. 5 at 1 (citing cases). I therefore ordered Colvin 15 to show cause why this action should not be remanded to state court for lack of subject matter 16 jurisdiction. Id. I advised Colvin that failure to respond by November 16, 2022 would result in 17 remand. Id. Colvin did not respond. 18 I THEREFORE ORDER that the case is remanded to the state court from which it was 19 removed for all further proceedings. The clerk of court is instructed to close this case. 20 DATED this 21st day of November, 2022. 21 22 23 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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