Szmania v. E-Loan, Inc. et al
ORDER re 72 Answer to Complaint (Notice of Removal), Counterclaim, filed by Plaintiff Daniel G Szmania; this Court will not act on either of the recent filings, or on any other filings made to this Court while the appeal is pending; signed by Judge Ronald B. Leighton. (DN)
HONORABLE RONALD B. LEIGHTON
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
DANIEL G SZMANIA,
CASE NO. C16-5644RBL
THIS MATTER is before the Court on its own motion. This case was dismissed with
prejudice in November 2016. [Dkt. #64]. Szmania appealed the same day this Court denied his
Motion for Reconsideration [Dkt. #s 67, 68].
Szmania has recently filed an “Answer and Notice of Removal” [Dkt. #72], apparently
purporting to remove to either this Court or the Ninth Circuit a state law unlawful detainer action
pending against him. He also filed a second “Answer to Complaint” [Dkt. #74], apparently
related to the state court unlawful detainer case.
This Court no longer has jurisdiction over Szmania’s claim, due to his appeal of its order
dismissing that claim with prejudice. Even if it did, Szmania’s effort to remove the state law
claim here is improper for a number of reasons: the removal notice is facially untimely, and
ORDER - 1
Szmania has not identified any basis for this Court’s (much less the Ninth Circuit’s) jurisdiction
over the unlawful detainer claim. Indeed, he cannot. The sole issue in an unlawful detainer action
is possession of property. See Green Tree Servicing, LLC v. Shoemaker, 2005 U.S. Dist. LEXIS
36171, at *8–9 (W.D. Wash. July 15, 2005) (referencing RCW 61.24.060). “[T]here is no
amount in controversy. …” Id. Because Szmania cannot meet 28 U.S.C. § 1332’s amount-in-
controversy requirement, this Court lacks jurisdiction over the purportedly removed action.
Under Fed. R. Civ. P. 62.1 and FRAP 12.1, if the Ninth Circuit remanded the case for the
limited purpose of remanding the state law case to state court, this Court would do so. Otherwise,
this Court will not act on either of the recent filings, or on any other filings Szmania makes in
this court while the appeal is pending.
IT IS SO ORDERED.
Dated this 25th day of May, 2017.
Ronald B. Leighton
United States District Judge
ORDER - 2
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