Rocha
Rocha v. Bailey
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,…