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)

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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

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