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Deutsche Bank Nat'l Trust Co. v. Livingood

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Dec 19, 2011
No. CV-11-2132-PHX-FJM (D. Ariz. Dec. 19, 2011)

Opinion

No. CV-11-2132-PHX-FJM

12-19-2011

Deutsche Bank National Trust Company Plaintiff, v. Linda D. Livingood, Defendant.


ORDER

Plaintiff filed this forcible detainer action in state court. Defendant removed the action on October 28, 2011.

Federal courts are courts of limited jurisdiction, possessing only that power granted by the United States Constitution or federal statute. Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377, 114 S. Ct. 1673, 1675 (1994). We have subject matter jurisdiction over a case if it arises under federal law or the parties are citizens of different states and the amount in controversy exceeds $75,000. 28 U.S.C. §§ 1331, 1332(a). Plaintiff's forcible detainer action does not arise under federal law. Moreover, because the only issue raised by a forcible detainer complaint is the right of possession, not title, see A.R.S. § 12-1177(A), there is no dollar amount in controversy. Moreover, defendant's purported counterclaims cannot form the basis for removal jurisdiction. K2 America Corp. v. Roland Oil & Gas, LLC, 653 F.3d 1024, 1029 (9th Cir. 2011). And, a resident defendant cannot remove. 28 U.S.C. § 1441(b).

We conclude that we lack subject matter jurisdiction over this case, and therefore we sua sponte remand this case to state court. See Fiedler v. Clark, 714 F.2d 77, 78 (9th Cir. 1983) ("a federal court may dismiss sua sponte if jurisdiction is lacking"); Fed. R. Civ. P. 12(h)(3).

IT IS ORDERED REMANDING this case to state court. The clerk is directed to remand the action to the Superior Court of Arizona in Maricopa County.

____________

Frederick J. Martone

United States District Judge


Summaries of

Deutsche Bank Nat'l Trust Co. v. Livingood

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Dec 19, 2011
No. CV-11-2132-PHX-FJM (D. Ariz. Dec. 19, 2011)
Case details for

Deutsche Bank Nat'l Trust Co. v. Livingood

Case Details

Full title:Deutsche Bank National Trust Company Plaintiff, v. Linda D. Livingood…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: Dec 19, 2011

Citations

No. CV-11-2132-PHX-FJM (D. Ariz. Dec. 19, 2011)

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