Ainiwaer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 GBR SANTA PALMIA LLC, Case No. 22-cv-05042-VKD

Plaintiff,

ORDER FOR REASSIGNMENT TO A

v. DISTRICT JUDGE; REPORT AND

RECOMMENDATION RE REMAND

ZULIFEIYA AINIWAER, TO STATE COURT Defendant. Re: Dkt. No.

13 Defendant Zulifeiya Ainiwaer removed this unlawful detainer action from the Santa Clara County Superior Court. Defendant also seeks leave to proceed in forma pauperis (“IFP”). For the reasons stated below, the undersigned grants the IFP application, but nonetheless recommends that this matter be remanded to the state court for lack of federal subject matter jurisdiction. A court may grant IFP status and authorize the commencement of a civil action if the court is satisfied that the applicant cannot pay the requisite filing fees. 28 U.S.C § 1915(a)(1). In evaluating an IFP application, the court should “gran[t] or den[y] IFP status based on the applicant’s…