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E*Trade Bank v. Carleen M. Keller

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 26, 2013

E*TRADE BANK,
PLAINTIFF,
v.
CARLEEN M. KELLER, AND DOES 1 THROUGH 5, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER REMANDING CASE TO STATE COURT

On November 29, 2012, Susan Garcia, proceeding pro se, filed a Notice of Removal of this case from San Diego Superior Court, asserting the existence of federal question jurisdiction. Ms. Garcia, however, is not a party to the underlying case. Accordingly, she has no right to remove this case. See 28 U.S.C. § 1441(a) (stating defendants have right of removal). Absent removal by a party to the case, the Court remands this case to state court. The Clerk of Court shall close this case.

IT IS SO ORDERED.

20130426

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