Ryder

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICHOLAS P. SCELSA, No. 2:24-cv-02856-DAD-CSK (PS) Plaintiff, v. ORDER SUA SPONTE REMANDING CASE

TO SACRAMENTO COUNTY SUPERIOR

MARK RYDER, COURT AND DENYING MOTION TO

PROCEED IN FORMA PAUPERIS AS MOOT

Defendant. (Doc. No. 2) 16 This is an unlawful detainer action brought under California state law by plaintiff Nicholas P. Scelsa. On October 16, 2024, defendant, proceeding pro se, removed this case to this federal court from the Sacramento County Superior Court. (Doc. No. 1.) According to defendant, removal is proper because defendant has a defense under federal law. (Id. at 2.) Also on October 16, 2024, defendant filed a motion to proceed in forma pauperis. (Doc. No. 2.) A district court has “a duty to establish subject matter jurisdiction over the removed action sua sponte, whether the parties raised the issue or not.” United Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 967…