Uddin

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MUHAMMAD MOSLEM UDDIN, No. 1:22-cv-01557-ADA-SAB 12 Plaintiff, 13 v. SUA SPONTE ORDER REMANDING

MATTER TO THE SAN JOAQUIN COUNTY

14 THOMAS LOWE, SUPERIOR COURT 15 Defendant. 16 17 Defendant Thomas Lowe removed this case from San Joaquin County Superior Court on 18 December 2, 2022. (See ECF No. 1 at 2.) Defendant asserts that the basis for removal is the 19 presence of a federal question. (Id. at 2.) Specifically, Defendant states that his answer to 20 Plaintiff’s complaint alleges Plaintiff’s failure to follow the strict notice requirements of 21 California Code of Civil Procedure section 1161. (Id.) It appears that Defendant relies entirely 22 on the invocation of section 1161 to assert jurisdiction in this Court. 23 A district court has “a duty to establish subject matter jurisdiction over the removed action 24 sua sponte, whether the parties raised the issue or not.” United Invs. Life Ins. Co. v. Waddell & 25 Reed, Inc., 360 F.3d…