PMT NPL Financing 2015-1 v. Lee et al

Filing 7

ORDER remanding this matter to the King County Superior Court; directing Clerk to immediately transfer this case to state court. Within 21 days from the date of this order Defendant shall SHOW CAUSE why the Court should not impose a bar order. Signed by U.S. District Judge John C Coughenour. (SWT) cc: Defendant via USPS

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 PMT NPL FINANCING 2015-1, 10 Plaintiff, ORDER v. 11 12 CASE NO. C18-0358-JCC THOMAS C. LEE, et al., 13 Defendants. 14 15 This matter comes before the Court after Defendant was granted leave to proceed in 16 forma pauperis (Dkt. No. 3) and subsequently removed this case from King County Superior 17 Court (Dkt. No 4). Upon reviewing the complaint, notice of removal, and the relevant record, the 18 Court REMANDS the case for the reasons set forth herein. 19 This is the fourth time Defendant has removed this action to federal court. See Case No. 20 C17-0535-RSM, Dkt. No. 1 (W.D. Wa. April 6, 2017); Case No. C17-1376-RSL, Dkt. No. 1 21 (W.D. Wa. September 13, 2017); Case No. C18-0212-JCC, Dkt. No. 1 (W.D. Wa. February 9, 22 2018). In all three prior cases, the Court found no basis for the exercise of federal jurisdiction 23 and remanded the case. Case No. C17-1376-RSL, Dkt. No. 13 at 5; Case No. C17-0535-RSM, 24 Dkt. No. 14; Case No. C18-0212-JCC, Dkt. No. 8. Defendant’s latest notice of removal states 25 identical bases for federal jurisdiction: his Fourteenth Amendment defense, 28 U.S.C. § 1443, 26 ORDER C18-0358-JCC PAGE - 1 1 and diversity of citizenship. 1 (Dkt. No. 4 at 2–3, 4.) As this Court ruled in its previous order, and 2 as the Honorable Ricardo S. Martinez and the Honorable Robert S. Lasnik also held, Defendant 3 cannot create a federal question by asserting a federal defense, he does not qualify for removal 4 under § 1443, and he fails to establish the $75,000 threshold for diversity jurisdiction. Case No. 5 C17-0535-RSM, Dkt. No. 14 at 2; Case No. C17-1376-RSL, Dkt. No. 13 at 2, 3; Case No. C18- 6 0212-JCC, Dkt. No. 8. This Court notes, as Judge Lasnik did, that no new case law supporting 7 Defendant’s bases for removal has arisen since his case was last removed and remanded. See 8 Case No. C17-1376-RSL, Dkt. No. 13 at 3. 9 For the foregoing reasons this matter is REMANDED to the King County Superior Court. 10 The Clerk of Court is DIRECTED to immediately transfer this case to state court, which shall 11 have immediate and full jurisdiction over this matter. 12 In addition, within 21 days from the date of this order, Defendant shall SHOW CAUSE 13 in writing why the Court should not impose a pre-filing review procedure, also known as a 14 standing bar order, on any future attempts to remove this lawsuit from state court. 15 The Clerk is DIRECTED to send a copy of this order to Defendant. 16 DATED this 22nd day of March 2018. A 17 18 19 John C. Coughenour UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 1 The notice of removal filed in this case is identical to the notice of removal filed by Defendant in the previous case before this Court. See Case No. C18-0212-JCC, Dkt. No. 1-1 (W.D. Wa. February 9, 2018). ORDER C18-0358-JCC PAGE - 2

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