Jackson v. Turner et al

Filing 5

DOCKETED IN THIS CASE IN ERROR Order: This matter is remanded to the Sandusky Municipal Court. No further removal actions in this case will be entertained by the Court. Judge James G. Carr on 11/8/14. (C,D) Modified on 11/8/2014 (C,D).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Blitz Enterprises, LLC,

Case No. 3:14 CV 2042

Plaintiff
v.

ORDER

Brendyn Ebron,
Defendant
Defendant Brendyn Ebron brings this pro se action to remove a forcible entry and
detainer action filed against him in the Sandusky Municipal Court by Plaintiff Blitz Enterprises,
LLC. Defendant asserts removal is appropriate because the forcible entry and detainer action
violates the Civil Rights Act of 1968.
This is the second action filed by Defendant attempting to remove this case to federal
court. I remanded the previous case for lack of jurisdiction on October 24, 2014. See, Blitz
Enterprises LLC v. Ebron, N.D. Ohio Case No. 3:14 CV 1762. Defendant seeks this time to
rely on Grable & Sons Metal Products v. Darue Engineering & Manufacturing, 545 U.S. 308
(2005). Grable does not provide a basis for removal, however, as the Plaintiff’s forcible entry
and detainer action in this case does not arguably “aris[e] under the Constitution, laws, or treaties
of the United States.” 28 U.S.C. § 1331; Grable, 545 U.S. at 312-14.
This matter is therefore again remanded to the Sandusky Municipal Court. No further
removal actions in this case will be entertained by the Court.
So ordered.

S/James G. Carr
Sr. U.S. District Judge