Santana

Imperial Urban Housing, LP. v. Santana

Good Law
United States District Court, Southern District of CaliforniaApril 2, 20213:21-cv-00382California624 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 IMPERIAL URBAN HOUSING, L.P., Case No.: 21-cv-0382-GPC-RBB

Plaintiff,

ORDER REMANDING CASE

v. [ECF Nos. 2, 3] JOSHUA PAUL SANTANA, Defendant. 16 Pro Se Defendant removed this “Section 8” housing dispute to federal court and subsequently filed a Motion to Proceed In Forma Pauperis (“IFP”) and Motion to Request Appointment of Counsel. ECF Nos. 1–3. Because this Court lacks jurisdiction, it REMANDS the case back to state court and DECLINES to address the two Motions filed by Defendant. Federal courts are courts of limited jurisdiction. Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 374 (1978); Stock West, Inc. v. Confederated Tribes of the Colville Reservation, 873 F.2d 1221, 1225 (9th Cir. 1989). A defendant may remove a case from state court, but only when the federal court could have exercised original jurisdiction, / / / 27 such as when there is an issue “arising under” federal law. See 28 U.S.C. §§ 1331, 1441. 2 …

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