Betters Homes Depot Inc. v. Whyte et al

Filing 5

MEMORANDUM AND ORDER: The Court concludes that removal should not be permitted and the action is hereby remanded, pursuant to 28 U.S.C. § 1446(c)(4), to the Supreme Court of the State of New York, County of Kings, Index No. 25309/05. Petitioner Weaver's proposed order to show cause is denied as moot. The Clerk of Court is directed to immediately send a certified copy of this Order to the Clerk of the Supreme Court of the State of New York, County of Kings and to close the case in this Court. 28 U.S.C. § 1447(c). Although petitioner paid the filing fee to commence this proceeding, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Carol B. Amon on 7/21/2010. (Abdallah, Fida)