Nguyen

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CAPITAL EQUITY MANAGEMENT No. 2:19-cv-01548-KJM-EFB

GROUP, INC.,

12 Plaintiff, ORDER v. 14 SEN VAN NGUYEN, et al., 15 Defendant.

17 On August 12, 2019, defendant Lawrence Monteforte, proceeding pro se, removed this unlawful detainer action from San Joaquin County Superior Court. ECF No. 1. Monteforte also filed a motion to proceed in forma pauperis. ECF No. 2. On August 16, 2019, plaintiff filed an ex parte application to remand. ECF No. 5. As explained below, the court REMANDS the case to the San Joaquin County Superior Court and DENIES as moot defendant’s motion to proceed in forma pauperis. I. SUBJECT MATTER JURISDICTION A. Legal Standard When a case “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…