LASALLE NC L.L.C. v. NELSON et al
| LASALLE NC L.L.C. |
| CHIPEKA NELSON and SHANTE ANDERSON |
| 1:2022cv00147 |
| February 22, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Petition for Removal - Fair Credit Reporti |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 24, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #1 APPLICATION to Proceed IFP. (Carter, Alexus) |
| TEXT ORDER terminating #1 Application to Proceed IFP and summarily remanding this case to Durham County District Court. The state-court documents filed by Defendants in connection with #2 Notice of Removal conclusively (and obviously) demonstrate that no basis for removal of this North-Carolina-citizen-versus-North-Carolina-citizen, state-law, summary-ejectment-for-failure-to-pay-rent, small-claims case to (or for the exercise of subject matter jurisdiction by) this Court exists, thus warranting summary remand due to frivolousness at the initial screening stage under 28 U.S.C. s 1915(e)(2)(B), notwithstanding Defendants' attempt to (mis)characterize this action as satisfying federal question jurisdiction by referencing federal law(s) in #2 Notice. See Quail Valley Apt. Inv'rs, LP v. Brown, No. 3:19CV607, 2020 WL 594103 (W.D.N.C. Feb. 6, 2020); Schweiger v. Boatwright, No. 1:19CV717, 2019 WL 3387750 (M.D.N.C. July 26, 2019) (Webster, M.J.), recommendation adopted, 2019 WL 4220935 (M.D.N.C. Sept. 5, 2019) (Osteen, J.); LHNH Northwoods Townhomes NC, LLC v. Ajifowobaje, No. 5:17CV265, 2017 WL 5180973 (E.D.N.C. Oct. 11, 2017), recommendation adopted, 2017 WL 5178037 (E.D.N.C. Nov. 8, 2017); see also Lund v. Paul L. Dunbar Group, No. 1:21CV592, 2021 WL 3079889, at *1-3 & n.1 (M.D.N.C. July 21, 2021) (unpublished) (discussing analogous improper removal and citing authority explaining that Magistrate Judges may enter orders, not just issue recommendations, regarding remands). Issued by MAG/JUDGE L. PATRICK AULD on 02/24/2022. (AULD, L.) |
| Filing 5 CIVIL COVER SHEET. (Carter, Alexus) |
| Filing 4 Summons Issued as to All Defendants. (Originally filed in Durham County Superior Court, Case Number 22CV768, issued 2/14/2022, and listed as Exhibit 1 to the Petition for Removal.) (Carter, Alexus) |
| Filing 3 COMPLAINT against All Defendants, filed by LASALLE NC L.L.C. (Originally filed in Durham County Superior Court, Case Number 22CV768, and listed as Exhibit 1 to the Petition for Removal.) (Carter, Alexus) |
| Filing 2 PETITION FOR REMOVAL against LASALLE NC L.L.C., filed by CHIPEKA NELSON, SHANTE ANDERSON. (Attachments: #1 Durham County Superior Court Documents) (Carter, Alexus) |
| Filing 1 APPLICATION to Proceed IFP by CHIPEKA NELSON. (Carter, Alexus) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
