Cervantes

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 2018-3 IH BORROWER, LP., No. 2:19-cv-01473-KJM-CKD Plaintiff, v. ORDER ANTONIO CERVANTES Defendant. 16 17 On August 1, 2019, defendant Antonio Cervantes, proceeding pro se, removed this 18 unlawful detainer action from Sacramento County Superior Court to this court. ECF No. 1. 19 Cervantes also filed a motion to proceed in forma pauperis. ECF No. 3. As explained below, this 20 matter is REMANDED to Sacramento Superior Court and the motion to proceed in forma 21 pauperis is DENIED as moot.

I. SUBJECT MATTER JURISDICTION

23 When a case “of which the district courts of the United States have original 24 jurisdiction” is initially brought in state court, a defendant may remove it to federal court. 25 28 U.S.C. § 1441(a). Primarily, there are two bases for federal subject matter jurisdiction: 26 (1) question jurisdiction under 28 U.S.C. § 1331, and (2) diversity jurisdiction under 28 U.S.C. 27 § 1332. 28 District courts have federal question…