Ussery

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NEWREZ LLC d/b/a SHELLPOINT No. 2:25-cv-001169-DJC-AC

MORTGAGE SERVICING

12

13 Plaintiff,

ORDER

14 v. 15 KIMBERLY USSERY, 16 Defendant. 17

18 Plaintiff NewRez LLC, d/b/a Shellpoint Mortgage Servicing brought this 19 unlawful detainer action against Defendant Kimberly Ussery under California state law 20 on August 9, 2024. On April 22, 2025, Defendant filed a Notice of Removal in federal 21 court, seeking to remove the action from the San Joaquin County Superior Court. 22 (Not. of Removal (ECF No. 1).) This is the fourth time that Defendant has sought to 23 remove the state court action to federal court.1 24 25 26

27 1 The previous three removal actions were all remanded back to the superior court. NewRez LLC v. Ussery, 2:24-cv-03698-TLN-CSK; NewRez LLC v. Ussery, 2:25-cv-00740-DJC-JDP; NewRez LLC et al v. 28 Ussery et al, 2:25-cv-00895-DC-JDP. 1 A district court has “a duty to establish subject matter jurisdiction over the 2 removed action sua sponte, whether the parties raised the issue or…