Morales

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VANCE L. MORALES, et al., Case No. 3:22-cv-07017-WHO

Plaintiffs,

ORDER GRANTING APPLICATION

v. FOR IFP AND REMANDING FOR

LACK OF JURISDICTION

JORGE PICHE, et al., Re: Dkt. No. 2 Defendants.

The plaintiff Vance Morales instituted an unlawful detainer action in California State court against the pro se defendant, Jorge Piche. Dkt. No. 1. Piche removed the case to this court and filed an Application to Proceed In Forma Pauperis. Dkt. No. 2. Having considered the application and the complaint, I hereby GRANT Piche’s application. It is apparent, however, that I lack subject matter jurisdiction over this suit. A defendant may generally remove a case from state court to federal court, but as with all cases, the federal court must have subject matter jurisdiction over it. See 28 U.S.C. § 1442(a)-(c). The burden is on the removing defendant to establish the basis for subject matter jurisdiction. See Nishimoto v. Federman-Bachrach & Assocs.,…