Alexander

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANDREW P. DURKIN and ALICE P. No. 2:23-cv-00714-TLN-KJN

DURKIN,

12 Plaintiffs, SUA SPONTE REMAND ORDER v.

HERMAN ALEXANDER,

15 Defendant.

17 This matter is before the Court pursuant to Defendant Herman Alexander’s (“Defendant”) 18 Notice of Removal and Motion to Proceed in Forma Pauperis. (ECF Nos. 1–2.) For the reasons 19 set forth below, the Court hereby REMANDS the action to the Superior Court for the County of 20 Sacramento due to lack of subject matter jurisdiction and DENIES Defendant’s Motion to 21 Proceed in Forma Pauperis as moot. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND On December 14, 2022, Plaintiffs Andrew P. Durkin and Alice P. Durkin (“Plaintiffs”) filed a Complaint in Superior Court for the County of Sacramento for unlawful detainer against Defendant for his possession of real property known as 2926 Watt Avenue, #47, Sacramento, California 95821 (the “Property”). (ECF No. 1 at 7.) On April 18, 2023, Defendant filed a 6 …