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Hodnett v. Johnson

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 12, 2010

LOUIS HODNETT, PLAINTIFF(S),
v.
TERELL JOHNSON, DEFENDANT(S).

The opinion of the court was delivered by: James V. Selna United States District Judge

ORDER RE MOTION TO REMAND

Plaintiff Louis Hodnett ("Hodnett") moves to remand this unlawful detainer action removed from state court by Defendant Terell Johnson ("Johnson"). The motion is unopposed. The Court deems Johnson's failure to oppose the motion as consent to the granting of the motion. Local Rule 7-12. The Court also grants the motion on the merits. Johnson asserts in his Notice of Removal (Docket No. 1) that this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1339, 28 U.S.C. § 1343, 18 U.S.C. § 1702, and 18 U.S.C. § 1703. None of these statutes confers jurisdiction over unlawful detainer actions. One statute relates to civil rights cases, see 28 U.S.C. § 1343, while the other three are concerned with suits involving the mail and the United States Postal Service, see 28 U.S.C. § 1343, 18 U.S.C. § 1702, and 18 U.S.C. § 1703. Additionally, the Court's independent review of Plaintiff's Complaint confirms that there is no basis for either diversity or federal question jurisdiction. Accordingly, the Court remands this case to Riverside County Superior Court.

The Court finds that oral argument would not be helpful on this matter and vacates the October 18, 2010 hearing on this motion. Fed. R. Civ. P. 78; Local Rule 7-15.

20101012

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