Azar

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NAIFEH AZAR, Case No. 24-cv-03870-RFL

Plaintiff,

ORDER REMANDING ACTION AND

v. DENYING AS MOOT APPLICATION

TO PROCEED IN FORMA PAUPERIS

OMAR AZAR, et al., Re: Dkt. Nos. 1, 2 Defendants.

In this action arising out of a property dispute, pro se Defendant Vincent Cascio has filed a notice of removal and a request to proceed in forma pauperis. (Dkt. Nos. 1, 2.) While no motion to remand has been filed, “the district court ha[s] a duty to establish subject matter jurisdiction over the removed action sua sponte, whether the parties raised the issue or not.” See United Invs. Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004); see also, e.g., 614 Shady Lane, LLC v. Roan, No. 19-CV-2115, 2019 WL 13268171, at *1 (S.D. Cal. Dec. 2, 2019) (denying as moot the removing party’s motion for leave to proceed in forma pauperis and sua sponte remanding action). There is a “strong presumption against removal jurisdiction,” and “the court resolves all ambiguity in favor of remand to state court.” Hunter v. Philip Morris USA, 582 F.3d 1039, 1042 (9th Cir. 2009)…