King v. Bank of New York Mellon
| Alton Jr. King |
| Bank of New York Mellon |
| 3:2023cv30041 |
| April 13, 2023 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Civil Rights: Accomodations |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Judge Mark G. Mastroianni: Electronic Order denying, nunc pro tunc, #5 Motion for Leave to Proceed in Forma Pauperis because insufficient information was provided regarding Mr. King's income. (Zamorski, Michael) |
| Filing 7 Copy re 6 Order on Motion to Stay mailed to Plaintiff King on 4/14/2023. (Zamorski, Michael) |
| Filing 6 Judge Mark G. Mastroianni: Electronic Order denying #2 Defendant's Emergency Motion to Stay because the facts available indicate it would be improper for this court to interfere with the pending state litigation. As the court explained when Defendant sought to remove this same case earlier this year, removal is only available when the allegations in the complaint establish a basis for federal subject matter jurisdiction and the procedural requirements of the removal statute are met. See Caterpillar, Inc. v. Williams, 482 U.S. 386, 392-93 (1987). Defenses that raise federal issues are not sufficient, except under the "complete pre-emption" doctrine, which is not applicable here. Id. Construed generously, Defendant's notice of removal identifies only a potential federal defense and violations of his federal rights that occurred during the course of the state court proceedings; neither of these provides this court with subject matter jurisdiction as required for removal. Further, even if Defendant had identified a proper basis for removal, his notice of removal is untimely. A notice of removal generally must be filed within thirty days after the defendant receives the complaint and this case has been litigated in state court for years. Finally, the Supreme Court has recognized the right of state courts to operate free of interference from federal courts and the Full Faith and Credit Act requires federal courts to recognize the judgments issued by state courts. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 292-93 (2005). Thus, even if the removal were proper, abstention and comity doctrines preclude this court from interfering with the state court action. (Zamorski, Michael) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Alton Jr. King. (Figueroa, Tamara) |
| Filing 4 Notice of Service of Process filed by Alton Jr. King. Individual(s)/Entities served: Housing Court. (Figueroa, Tamara) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Finn, Mary) |
| Filing 2 EMERGENCY MOTION to Stay by Alton Jr. King. (Figueroa, Tamara) |
| Filing 1 NOTICE OF REMOVAL by Alton Jr. King from Western Housing Court, case number 19H79SP000190. (Attachments: #1 Civil Cover Sheet, #2 Category Form) (Figueroa, Tamara) (Additional attachment(s) added on 4/13/2023: #3 State Court Docket) (Figueroa, Tamara). |
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| Plaintiff: Alton Jr. King | |
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