Hayer v. U.S., 2:18-CV-1011-KJM-CMK. (2018)
Court: District Court, E.D. California
Number: infdco20180706992
Visitors: 17
Filed: Jul. 05, 2018
Latest Update: Jul. 05, 2018
Summary: ORDER KIMBERLY J. MUELLER , District Judge . Plaintiffs filed this lawsuit in state court to determine several parties' interests in real property located at 5446 Royal Oaks Drive, Oroville, California. ECF No. 1-1. Because the United States was named as a defendant, it removed the action to federal court under 28 U.S.C. 1442(a)(1) and 1444. Removal Notice, ECF No. 1 (April 24, 2018). The United States has since disclaimed all interest in the subject property. ECF No. 6 (June 5, 2018).
Summary: ORDER KIMBERLY J. MUELLER , District Judge . Plaintiffs filed this lawsuit in state court to determine several parties' interests in real property located at 5446 Royal Oaks Drive, Oroville, California. ECF No. 1-1. Because the United States was named as a defendant, it removed the action to federal court under 28 U.S.C. 1442(a)(1) and 1444. Removal Notice, ECF No. 1 (April 24, 2018). The United States has since disclaimed all interest in the subject property. ECF No. 6 (June 5, 2018). B..
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ORDER
KIMBERLY J. MUELLER, District Judge.
Plaintiffs filed this lawsuit in state court to determine several parties' interests in real property located at 5446 Royal Oaks Drive, Oroville, California. ECF No. 1-1. Because the United States was named as a defendant, it removed the action to federal court under 28 U.S.C. §§ 1442(a)(1) and 1444. Removal Notice, ECF No. 1 (April 24, 2018). The United States has since disclaimed all interest in the subject property. ECF No. 6 (June 5, 2018).
Because the United States lacks any interest in the subject of this action, the United States is hereby DISMISSED as a defendant. Without the United States as a defendant, this court lacks subject matter jurisdiction over this case, as recognized in the United States' unopposed motion to remand the action to state court. Id.
Having received no opposition to the motion to remand, and having satisfied itself that federal jurisdiction is now lacking, the court REMANDS this action to the Butte County Superior Court, where it was originally filed, for all further proceedings. This resolves ECF No. 6. The United States' motion for clarification, ECF No. 5, is DENIED as MOOT
IT IS SO ORDERED.
Source: Leagle
