MEMORANDUM AND ORDER

CHARLES A. SHAW, District Judge.

This matter is before the Court on plaintiff's motion to remand to the Associate Circuit Court of St. Charles County, Missouri. Upon review of the state court documents, it is apparent that this Court lacks subject matter jurisdiction over this case. As a result, the Court will remand this action back to the Court from which it was removed.

Background

On August 30, 2012, plaintiff, a Trust, filed an unlawful detainer action against defendant Lyle Johnson in the Associate Circuit Court of St. Charles County, Missouri in Case No. 1211-AC06232. See Petition in Unlawful Detainer, attached to Defendant's Notice of Removal.1 In the state court action, the Trust was seeking to obtain possession of a house occupied by Mr. Johnson that it had bought in a foreclosure sale. Mr. Johnson entered his appearance on his own behalf in the unlawful detainer action on September 24, 2012, and he filed a motion to dismiss the action.2

From Court filings attached to plaintiff's motion to remand, it is apparent that judgment was entered in favor of plaintiff in the unlawful detainer action on March 19, 2013, approximately one month prior to removal of the case to this Court. Although it appears that plaintiff has attempted to reverse the state court judgment by filing various post-trial motions3, going so far as to attack the judgment through collateral bankruptcy proceedings, the state court judgment in favor of the Trust remains proper and enforceable.

At the culmination of the unlawful detainer action, the Trust was awarded possession of the real property at issue, as well as rent at the rate of $4000 per month, commencing August 12, 2012, until such time as the Trust obtains possession of the premises. The Trust filed its writ of execution seeking to secure possession on April 26, 2013.

Discussion

Defendant, Lyle Johnson, now seeks to remove the unlawful detainer action to this Court. In his notice of removal, defendant claims that the Trust is "not the true and beneficial party of interest [and] therefore lacks standing to bring [an] unlawful detainer action." He additionally claims, in a conclusory manner, that "the complaint presents federal questions."

Under 28 U.S.C. § 1441(a), an action is removable from state court to federal court only where the federal court has "original jurisdiction."4 The Court notes that defendant has failed to specifically state the jurisdictional grounds for removing this action to federal court. Mr. Johnson does not set forth any laws or constitutionally-protected rights that this case allegedly involves.5 See 28 U.S.C. § 1331. And the Court notes that an unlawful detainer action is a limited action, brought pursuant to a Missouri statute, whereby the sole issue to be decided is the immediate right of possession to a parcel of real property. See, e.g., U.S. Bank NA v. Watson, 388 S.W.3d 233, 235 (Mo. Ct. App. 2012); Mo.Rev.Stat. § 543.200. Thus, by itself, an unlawful detainer action does not involve any federal or constitutional issues.

Moreover, there is no indication that diversity jurisdiction exists under 28 U.S.C. § 1332, given that defendant has failed to so plead, and the amount in controversy does not appear to exceed $75,000.6 As such, the case must be remanded for lack of subject matter jurisdiction. Accordingly,

IT IS HEREBY ORDERED that defendant's motion for leave to proceed in forma pauperis is GRANTED. [Doc. 2]

IT IS FURTHER ORDERED that defendant's motion for appointment of counsel is DENIED. [Doc. 4]

IT IS FURTHER ORDERED that plaintiff's motion for remand is GRANTED. [Doc. 9]

IT IS FURTHER ORDERED that this action is REMANDED to the Associate Circuit Court of St. Charles County, Missouri.

An appropriate Order of Remand will accompany this Memorandum and Order.