Federal Home Loan Mortgage Corporation v. Martin et al

Filing 2

ORDER to Remand Case by Judge Benjamin H Settle. (TG; cc mailed to defendants)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 FEDERAL HOME LOAN MORTGAGE
CORPORATION,
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Plaintiff,
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v.
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MICHAEL D. MARTIN, et al.,
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Defendants.
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CASE NO. C13-5720 BHS
ORDER REMANDING CASE

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This matter comes before the Court on Defendants’ notice of removal and related
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documents. Dkt. 1.
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On October 14, 2013, Plaintiff filed an unlawful detainer action in Clark County
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Superior Court for the State of Washington. Id. On December 3, 2013, Defendants
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removed the action to this Court. Id.
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The notice of removal of a civil action or proceeding shall be filed within 30 days
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after the receipt by the defendant, through service or otherwise, of a copy of the initial
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pleading setting forth the claim for relief upon which such action or proceeding is based,
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ORDER - 1

1 or within 30 days after the service of summons upon the defendant if such initial pleading
2 has then been filed in court and is not required to be served on the defendant, whichever
3 period is shorter. 28 U.S.C. § 1446(b)(1). Moreover, if at any time before final judgment
4 it appears that the district court lacks subject matter jurisdiction, the case shall be
5 remanded. 28 U.S.C. § 1447(c).
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In this case, Defendants’ removal is deficient because the Court lacks subject

7 matter jurisdiction over Plaintiff’s action. An unlawful detainer action is a state law
8 action for possession of real property. Federal courts are courts of limited jurisdiction,
9 and such an action to obtain possession of real property does not create jurisdiction in this
10 court. Therefore, the Court sua sponte REMANDS the matter to Clark County Superior
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IT IS SO ORDERED.

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Dated this 4th day of December, 2013.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2