Nationstar Mortgage, LLC v. Wilson et al

Filing 5

MEMORANDUM AND ORDER: The action is remanded to state court. Ordered by Judge Ann M. Donnelly on 11/18/2016. (Greene, Donna)

FILED
IN CLERK'S OFFICE

US DISTRICT COURT E.D.N.Y.

UNITED STATES DISTRICT COURT

5 NOV 1 8 2016

EASTERN DISTRICT OF NEW YORK

5

X

BROOKLYN OFFICE
NATIONSTAR MORTGAGE,LLC,
Plaintiff,
MEMORANDUM & ORDER

- against 16 Civ. 6338(AMD)
(VMS)
PATRICIA WILSON,ERIN CAPITAL
MANAGEMENT LLC,PALISADES
COLLECTION LLC,TARGET NATIONAL
BANK,RUSSELL CARBONE,MIDLAND
FUNDING LLC,
"JOHN DOES," AND"JANE

DOES," said name being fictitious, parties
intended being possible tenants or occupants of
premises, and corporations, other entities or
persons who have,claim, or may claim,a lien
against, or other interest in, the premises.
Defendants.
X

ANN DONNELLY,District Judge.
On August 28,2014, the plaintiff filed this mortgage foreclosure action in Westchester
County Supreme Court(Index No. 14-68700). More than two years later, on November 17,
20\6,pro se defendant Russell Carbone, a citizen ofthe state of New York, removed the action

to this Court. For the reasons set out below, this action is remanded sua sponte to state court.^
The procedure for removing a case to federal court is established by 28 U.S.C.A. §

1446(b)(1). The defendant must file a notice ofremoval within 30 days ofthe receipt ofthe

'The Court has a duty to raise the subject ofsubject matterjurisdiction. In re Appointment ofSmithy No. 11-cv2405-RRM,2011 WL 2008512, at *2(E.D.N.Y. May 20,2011). "If at any time before final judgment it appears
that the district court lacks subject matterjurisdiction, the case shall be remanded." 28 U.S.C.A.§ 1447(c).
1

s/Ann M. Donnelly