Pitts

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALVERNAZ PARTNERS, LLC, No. 2:20-cv-02022-TLN-KJN 12 Plaintiff, 13 v. SUA SPONTE REMAND ORDER 14 CARLOS REESE PITTS, et al., 15 Defendants. 16 17 This matter is before the Court pursuant to Defendant Carlos Reese Pitts’ (“Defendant”) 18 Notice of Removal and Motion to Proceed in Forma Pauperis. (ECF Nos. 1–2.) For the reasons 19 set forth below, Defendant’s Motion to Proceed in Forma Pauperis is DENIED as moot, and the 20 Court hereby REMANDS the action to the Superior Court of California, County of San Joaquin, 21 due to lack of subject matter jurisdiction. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 I. FACTUAL AND PROCEDURAL BACKGROUND 2 On October 7, 2020, Defendant filed a pro se Notice of Removal removing what appears 3 to be an unlawful detainer action from the San Joaquin County Superior Court. (ECF No. 1.) 4 Defendant did not attach the state court complaint (“Complaint’) to his Notice of Removal. 5 II. STANDARD OF…