Alhindi

(PS) (UD) Smith v. Alhindi

Bad Law
United States District Court, Eastern District of CaliforniaSeptember 4, 20192:19-cv-01715California526 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LYNN F. SMITH, No. 2:19-cv-01715-KJM-EFB Plaintiff, v. ORDER EHAB ALHINDI, Defendant. 16 On August 30, 2019, defendant Ehab Alhindi, proceeding pro se, removed this unlawful detainer action from San Joaquin County Superior Court. ECF No. 1. Defendant also filed a motion to proceed in forma pauperis. ECF No. 2. As explained below, the court REMANDS the case to the San Joaquin County Superior Court and DENIES as moot defendants’ motion to proceed in forma pauperis, ECF No. 2. When a “civil action . . . of which the district courts of the United States have original jurisdiction” is initially brought in state court, a defendant may remove it to federal court. 28 U.S.C. § 1441(a). There are two primary bases for federal subject matter jurisdiction: (1) federal question jurisdiction under 28 U.S.C. § 1331, and (2) diversity jurisdiction under 28 U.S.C. § 1332. Under § 1331, district courts have…

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