McGrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 3 PHYLIS MCGRUE, et al., CASE NO. 1:21-CV-1511 AWI SAB

Plaintiffs

ORDER SUA SPONTE REMANDING

v. MATTER DUE TO LACK OF

JURISDICTION AND DENYING

RODNEY BERNALDO, et al., MOTION TO PROCEED IN FORMA

PAUPERIS AS MOOT

Defendants

(Doc. Nos. 1, 2) 10 Defendant Rodney Bernal removed this case from the Superior Court of Fresno County on October 13, 2021. See Court’s Docket Doc. No. 1. The Complaint contains four state law causes of action relating to landlord tenant relationship. See id. Defendant asserts that the basis for removal is diversity jurisdiction. A district court has “a duty to establish subject matter jurisdiction over the removed action sua sponte, whether the parties raised the issue or not.” United Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004). The removal statute (28 U.S.C. § 1441) is strictly construed against removal jurisdiction. Geographic…