U.S. Bank National Association v. Chang, 2:20-cv-00120-MCE-KJN. (2020)
Court: District Court, E.D. California
Number: infdco20200129a09
Visitors: 17
Filed: Jan. 28, 2020
Latest Update: Jan. 28, 2020
Summary: ORDER MORRISON C. ENGLAND, JR. , Senior District Judge . On January 16, 2020, Defendant Daryl C. Chang, Sr., proceeding pro se, filed a Notice of Removal of this unlawful detainer action from the San Joaquin County Superior Court, where it was assigned Case No. STK-CV-LUDRF-2018-11549. 1 ECF No. 1. This is the second time this Defendant has attempted to remove this state court matter to this federal venue. See Case No. 2:19-cv-02440-MCE-KJN. The Court remanded the first action on January
Summary: ORDER MORRISON C. ENGLAND, JR. , Senior District Judge . On January 16, 2020, Defendant Daryl C. Chang, Sr., proceeding pro se, filed a Notice of Removal of this unlawful detainer action from the San Joaquin County Superior Court, where it was assigned Case No. STK-CV-LUDRF-2018-11549. 1 ECF No. 1. This is the second time this Defendant has attempted to remove this state court matter to this federal venue. See Case No. 2:19-cv-02440-MCE-KJN. The Court remanded the first action on January ..
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ORDER
MORRISON C. ENGLAND, JR., Senior District Judge.
On January 16, 2020, Defendant Daryl C. Chang, Sr., proceeding pro se, filed a Notice of Removal of this unlawful detainer action from the San Joaquin County Superior Court, where it was assigned Case No. STK-CV-LUDRF-2018-11549.1 ECF No. 1. This is the second time this Defendant has attempted to remove this state court matter to this federal venue. See Case No. 2:19-cv-02440-MCE-KJN. The Court remanded the first action on January 17, 2020. Id., ECF No. 4. This removal is duplicative and equally flawed, such that remand is again proper.
Accordingly:
1. The action is REMANDED to the San Joaquin County Superior Court.
2. The Clerk of Court is directed to serve a certified copy of the order on the Clerk of the San Joaquin County Superior Court and reference the state case number (No. STK-CV-LUDRF-2018-11549) in the proof of service.
3. The Clerk of the Court is directed to close this case and shall not open any further cases pertaining to the above-referenced state action.
IT IS SO ORDERED.
FootNotes
1. Despite Defendant's pro se status, the undersigned revokes any actual or anticipated referral to a Magistrate Judge. See L.R. 302(c)(21).
Source: Leagle
