Filing 2

MEMORANDUM ORDER granting Plaintiff's application to proceed in forma pauperis; Ordering the Clerk of Court shall file the Notice of Removal; Remanding this Action to Superior Court of New Jersey. Signed by Judge Michael A. Shipp on 3/27/2015. (eaj)

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RECE!VED UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MAR 2 7 2015 I AT 8:30 WILLIAM T. WALSH CLERI'( Elias Mallouk Realty Corp., Plaintiff, Civil Action No. 15-2138 (MAS) (LHO!) v. MEMORANDUM ORDER ON APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEE:S Peter Ingris, et al., Defendants. This matter comes before the Court on the application of Defendant Peter lngris to proceed without prepayment of fees under 28 U.S. C. § 1915. (ECF No. 1-11.) The Court will grant lhe application on the strength ofDefendant's allegation of indigence but Defendant's removal ofJhis action was improper and the Court will sua sponte remand this action back to state court. On March 18, 2015, Defendant filed a Notice of Removal seeking to remove a New Jerrsey state court action, docket number SOM-L-1542-14, (the "State Court Action") and an "administrative proceeding, In re Ciccone v. Ingris." (ECF No. 1.) This Court previously I remanded the State Court Action for lack of subject matter jurisdiction (ECF Nos. 8, 9, 14-4305), I and denied Defendant's later motion to amend the remand order on jurisdictional grounds (BCF No. 13, 14-4305). Defendant now asserts that removal is proper, pursuant to 28 U.S.C. §§ 1f43 and 1446, based on a recent Warrant for Eviction entered in the State Court Action. "[R]em,oval statutes are to be strictly construed against removal andall doubts should be resolved in fawf of remand." A.S. ex rel. Miller v. SmithKline Beecham Corp., 769 F.3d 204, 208 (3d Cir. 2014) (internal quotations omitted). Defendant attempts, again, to relate the State Court Actiol. a landlord tenant dispute, to an unrelated discrimination case, Ingris v. Drexler, et. a!., 14- M 2404 (ES) (MAR). 1 As the Court already stated, the allegations in the State Court Action, related to a subsequent tenancy in Hillsborough, are unrelated to the race-based conspiracy Defen!t alleges in his discrimination suit. This analysis does not change based solely on the state cpL entering a Warrant of Eviction. IT IS on this 27th day of March, 2015, ORDERED that: 1. Plaintiffs application to proceed in forma pauperis is hereby granted pursuartt to 28 U.S.C. § 1915; 2. The Clerk of the Court shall file the Notice of Removal without prepayment of fees or security; 3. This action is remanded to the Superior Court of New Jersey; and 4. The Clerk of the Court shall mark this matter CLOSED. s/ Michael A. Shipp MICHAEL A. SHIPP . .I UNITED STATES DISTRICT JUDG:E 1 An analysis of this unrelated action, and overview of multiple other actions in the District ofNIew Jersey in which Defendant is a party, can be found in this Court's prior Opinion. (ECF No.8, 144305.) 2

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