Ussery

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NEWREZ LLC DBA SHELLPOINT No. 2:24-cv-03698-TLN-CSK

MORTGAGE SERVICING,

12 Plaintiff, SUA SPONTE REMAND ORDER v.

KIMBERLY USSERY,

15 Defendant.

17 This matter is before the Court pursuant to Defendant Kimberly Ussery’s (“Defendant”) Notice of Removal and Motion to Proceed in Forma Pauperis. (ECF Nos. 1, 2.) For the reasons set forth below, Defendant’s Motion to Proceed in Forma Pauperis (ECF No. 2) is DENIED as moot, and the Court hereby REMANDS the action to the Superior Court of California, County of San Joaquin, due to lack of subject matter jurisdiction. /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND On December 26, 2024, Defendant filed a pro se Notice of Removal removing to the instant Court what appears to be an unlawful detainer action from the San Joaquin County Superior Court. (ECF No. 1.) Defendant did not attach a state court complaint (“Complaint’) to the Notice of Removal or indicate the basis for…