The Bank of New York Mellon Trust Company et al v. Walls et al

Filing 11

ORDER signed by Judge Lynn Adelman on 4/17/12 that this case is REMANDED to state court for lack of subject matter jurisdiction. Further denying as moot 2 Motion for Leave to Proceed in forma pauperis; 3 Motion to Transfer Case to Wisconsin State Court and 5 Motion for Order to Show Cause. (cc: all counsel, via USPS to Allegra D. Walls) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

THE BANK OF NEW YORK MELLON
TRUST COMPANY,
Plaintiff,
v.

Case No. 12-C-0235

ALLEGRA D. WALLS, et al.,
Defendants.

ORDER
Allegra D. Walls is a defendant in a mortgage-foreclosure action that is pending in
Wisconsin state court. On March 12, 2012, she filed a notice of removal of that action to
this court pursuant to 28 U.S.C. § 1441. However, the notice of removal reveals no basis
for federal subject matter jurisdiction. Walls appears to think that the plaintiff in the statecourt action violated federal law in the course of prosecuting that action. However, any
such violations would not be grounds for removing the action itself to federal court under
the federal-question jurisdiction, 28 U.S.C. § 1331, because the plaintiff’s complaint does
not itself raise a federal question. See, e.g., Wis. Interscholastic Athletic Ass’n v. Gannett
Co., Inc., 358 F.3d 614, 619 (7th Cir. 2011). To the extent Walls wishes to pursue any
claims against the plaintiff in the state-court action, she must either file her own lawsuit or
seek leave from the state-court judge to file such claims as a counterclaim in the statecourt action. In any event, removing the state-court action itself was not a proper way of
raising such claims.

Accordingly, IT IS ORDERED that this case is REMANDED to state court for lack
of subject matter jurisdiction. IT IS FURTHER ORDERED that all other motions that
plaintiff filed in this court are DENIED as MOOT.
Dated at Milwaukee, Wisconsin, this 17th day of April, 2012.

s/_______________________________
LYNN ADELMAN
District Judge

2