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Title: Hsbc Bank Usa National Association v. Maria L. Garcia

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 30, 2012

TITLE: HSBC BANK USA NATIONAL ASSOCIATION
v.
MARIA L. GARCIA, ET AL

The opinion of the court was delivered by: Present: Honorable Cormac J. Carney, United States District Judge

CIVIL MINUTES -- GENERAL

JS-6

Michelle Urie N/A Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING CASE FOR LACK OF SUBJECT MATTER JURISDICTION

On April 22, 2011, Plaintiff HSBC Bank USA, National Association ("HSBC") filed this action for unlawful detainer against Defendant Maria L. Garcia in California state court. On March 9, 2012, Ms. Garcia removed this action to federal court, purportedly on the basis civil rights removal pursuant to 28 U.S.C. § 1443. On March 6, 2012, this Court remanded the case for lack of subject matter jurisdiction. Ms. Garcia again removed the action to federal court on April 12, 2012. Ms. Garcia's second attempt to rely on civil rights removal pursuant to 28 U.S.C. 1443(1) is again unavailing. Ms. Garcia does not explain why civil rights removal is proper in this action, how this case involves any violation of any law providing for equal civil rights, or why she cannot adequately enforce her civil rights in state court. Her allegations that the state court is depriving her of due process remain conclusory and without support. Accordingly, the Court, on its own motion, again REMANDS the case to state court.

20120430

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