(UD)(PS) MTGLQ Investors LP v. Jackson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MTGLQ Investors LP, Case No.: 2:19-cv-02348-MCE-CKD-PS Plaintiff, v. ORDER HENRY L. JACKSON; and Does 1 to 10, inclusive, 15 Defendants.

17 On November 20, 2019, Defendant HENRY L. JACKSON, proceeding in pro se, 18 filed a Notice of Removal of this unlawful detainer action from the Yuba County Superior 19 Court. ECF No. 1. This Court has an independent duty to ascertain its jurisdiction and 20 may remand sua sponte for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c). 21 “The burden of establishing federal jurisdiction is on the party seeking removal, and the 22 removal statute is strictly construed against removal jurisdiction.” Emrich v. Touche 23 Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988) (internal citation omitted). “Federal 24 jurisdiction must be rejected if there is any doubt as to the right of removal in the first 25 instance.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). As explained below, 26 Defendant has failed to meet that burden. 27 1 The…