Surkhi
Surkhi v. King
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 OMAR SURKHI, Case No. 21-cv-00916-BAS-NLS 11 Plaintiff, ORDER: 12 v. (1) REMANDING ACTION FOR LACK OF SUBJECT MATTER
CHANTELLE KING,
JURISDICTION;
14 Defendant.
AND
15 (2) TERMINATING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (ECF No. 4) 17 On May 13, 2021, Defendant Chantelle King, proceeding pro se, removed this matter to federal court based on federal question jurisdiction under 28 U.S.C. § 1331. (Notice of Removal, ECF No. 1.) On the same day, she filed an Answer to the Complaint (ECF No. 2) and a motion seeking leave to proceed In Forma Pauperis (“IFP”). (ECF No. 4.) Courts address the issue of subject matter jurisdiction first, as “[t]he requirement that jurisdiction be established as a threshold matter ‘spring[s] from the nature and limits of the judicial power of the United States and is ‘inflexible and without exception.’” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94–95 (1998) (quoting…