Magante

AMENDED ORDER DISMISSING CIVIL ACTION FOR LACK OF JURISDICTION

I. BACKGROUND

Plaintiff filed the instant complaint in unlawful detainer to recover possession of land and for damages. Plaintiff All Mission Indian Housing Authority (“AM-IHA”), which describes itself as a federally-sanctioned and federally-funded Indian Housing Authority, seeks to evict Defendants from a home which AMIHA has rented to them because of Defendants’ failure to pay rent. AMIHA is organized under the authority of the federally-recognized Indian tribes which are members of AMIHA.

The Court issued an order to show cause why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiffs complaint claims that this Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 , 1337, and 1362. All three statutory jurisdictional grants cited by Plaintiff require that the action at issue arise under federal law, that is, they require a “federal question.” 28 U.S.C. § 1331 (“all civil actions arising under the Constitution, laws, or treaties of the United States”); 28 U.S.C. § 1337 (“any civil action or proceeding arising under any Act of Congress regulating commerce or protecting…