Gillott

Equity Trust v. Gillott

Good Law
United States District Court, Northern District of CaliforniaDecember 12, 20223:22-cv-07826California994 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 EQUITY TRUST, et al. Case No. 22-cv-07826-VKD

Plaintiffs, ORDER GRANTING APPLICATION

TO PROCEED IN FORMA PAUPERIS

v.

ORDER FOR REASSIGNMENT TO

DISTRICT JUDGE; REPORT AND

JAMES JOHNSON GILLOTT, et al., RECOMMENDATION RE REMAND Defendants. Re: Dkt. No.

14 Defendant Kathleen Gillott removed this unlawful detainer action from the Monterey 16 County Superior Court. She 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]…

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