Rocha

Rocha v. Bailey

Good Law
United States District Court, Northern District of CaliforniaSeptember 12, 20243:24-cv-06206California538 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CYNTHIA ROCHA, Case No. 24-cv-06206-RFL

Plaintiff,

ORDER REMANDING ACTION;

v. DENYING AS MOOT DEFENDANTS’

APPLICATIONS TO PROCEED IN

TARA BAILEY, et al., FORMA PAUPERIS AND REQUEST

FOR EXTENSION OF TIME

Defendants. Re: Dkt. Nos. 4, 5, 6, 9,

Plaintiff filed an unlawful detainer action against Defendants Tara Bailey, Jewel Bailey, and Jimmie Jones-Newton in the Alameda County Superior Court in March 2024. (See Dkt. No. 1.) This is Defendants’ third attempt to remove the case to federal court. See Rocha v. Bailey et al., 24-cv-03970-RFL, Dkt. No. 24 (remanding case); Rocha v. Bailey et al., 24-cv-04774-VC, Dkt. No. 12 (remanding case). As Defendants were previously advised, no subject matter jurisdiction exists over this action, which arises under state law, and their claims or defenses cannot form the basis of the Court’s jurisdiction. While Defendants now invoke 28 U.S.C. § 1443, which provides for removal of certain civil rights cases, they have not met their burden of establishing this basis for removal. See Le v. Gonzalez, No. 5:17-CV-04514-HRL,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.