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Everbank, Successor By Merger To Everhome Mortgage Company v. Rosan Wissa

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 6, 2012

EVERBANK, SUCCESSOR BY MERGER TO EVERHOME MORTGAGE COMPANY, PLAINTIFF,
v.
ROSAN WISSA, AN INDIVIDUAL, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On March 23, 2012, defendant removed this unlawful detainer action to federal court and filed a motion to proceed in forma pauperis (Dkt. Nos. 1, 3).*fn1 On April 2, 2012, plaintiff filed a motion to remand this case to the Superior Court of California for the County of Sacramento, setting that motion for a hearing to take place on May 10, 2012 (Dkt. No. 4).

Defendant has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Defendant's application and declaration make the showing required by 28 U.S.C. §§ 1915(a)(1) and 1915(2). Accordingly, the undersigned grants the request to proceed in forma pauperis.

For the foregoing reasons, IT IS HEREBY ORDERED that:

1. Defendant's motion to proceed in forma pauperis (Dkt. No. 3) is granted.

2. Plaintiff's motion to remand this case will be heard on May 10, 2012, as noticed by plaintiff.

IT IS SO ORDERED.


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