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Wells Fargo Bank, N.A., As Trustee For the v. Jose C. Alvarez

July 2, 2012

WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF STRUCTURED ASSET SECURITIES CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-OSI,
PLAINTIFF,
v.
JOSE C. ALVAREZ, AND DOES 1THROUGH 5,
DEFENDANTS.



The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document 3)

ORDER REGARDING NOTICE OF REMOVAL BY JOSE C. ALVAREZ

ORDER REMANDING TO STATE COURT

I.

APPLICATION TO PROCEED IN FORMA PAUPERIS

Defendant Jose C. Alvarez is proceeding pro se and has requested leave to proceed in forma pauperis pursuant to Title 28 of the United States Code section 1915(a). (Doc. 3.) Defendant has made the showing required by section 1915(a), and accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a).

II.

DEFENDANT'S NOTICE OF REMOVAL *fn1

On June 25, 2012, Defendant Jose C. Alvarez ("Defendant") filed a Notice of Removal with this Court, seeking to remove an action from the Tulare County Superior Court, Porterville Division, entitled Wells Fargo Bank, N.A. v. Jose C. Alvarez , case number PCL150797. ( See Doc. 1.)

Pursuant to Title 28 of the United States Code section 1441(a), a defendant may remove an action to federal court if the district court has original jurisdiction. 28 U.S.C. § 1441(a); Hunter v. Phillip Morris USA , 582 F.3d 1039, 1042 (9th Cir. 2009) (quoting Ansley v. Ameriquest Mortg. Co. , 340 F.3d 858, 861 (9th Cir. 2003)). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. 28 U.S.C. § 1447(c). Generally, a defendant seeking to remove an action to federal court must file a notice of removal within thirty (30) days of receiving a copy of the initial pleading. 28 U.S.C. § 1446(b). The defendant seeking removal of an action to federal court has the burden of establishing federal jurisdiction in the case. California ex rel. Lockyer v. Dynegy, Inc. , 375 F.3d 831, 838 (9th Cir. 2004).

Timeliness

Title 28 of the United States Code section 1446 provides, in pertinent part:

(a) A defendant or defendants desiring to remove any civil action . . . from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.

(b) The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within thirty days after the service of summons upon the defendant if such initial pleading has then been ...


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