Herevia

Herevia v. Nelson

Good Law
United States District Court, Eastern District of CaliforniaOctober 25, 20211:21-cv-01563California1,042 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REYNALDO HEREVIA, No. 1:21-cv-01563-DAD-SKO Plaintiff, v. ORDER SUA SPONTE REMANDING CASE

TO FRESNO COUNTY SUPERIOR COURT

NATHAN NELSON and LETITIA AND DENYING MOTIONS TO PROCEED

NELSON, IN FORMA PAUPERIS AS MOOT

15 Defendants. (Doc. Nos. 1, 5, 6)

17 This is an unlawful detainer action brought under California state law by plaintiff Reynaldo Herevia against defendants Nathan Nelson and Letitia Nelson. On October 22, 2021, defendants removed this case to this federal court from the Fresno County Superior Court. (Doc. No. 1.) According to defendant, removal is proper because defendants’ state court “[d]emurrer, a pleading[,] depend[s] on the determination of Defendant’s rights and Plaintiff’s duties under federal law.” (Id. at 2.) Defendants filed motions to proceed in forma pauperis on the same date, October 22, 2021. (Doc. Nos. 5, 6.) A district court has “a duty to establish subject matter…

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