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Sobery Family Limited Partnership v. Harris

United States District Court, E.D. Missouri, Eastern Division

July 6, 2015

SOBERY FAMILY LIMITED PARTNERSHIP, d/b/a Carrolton Gardens Apartments by its Agent the Berkshire Company, Plaintiff,
v.
KIMBERLY HARRIS, Defendant,

MEMORANDUM AND ORDER

AUDREY G. FLEISSIG, District Judge.

Defendant filed a notice of removal of this landlord-tenant action in the Circuit Court of St. Louis County, Soberly Family Limited Partnership v. Harris, No. 15SL-AC11664. She invoked federal-question jurisdiction in her notice.

The Court has reviewed the state court proceedings and finds no basis for this Court's jurisdiction, either under 28 U.S.C. § 1331 or § 1332. And on June 26, 2015, Defendant entered into a consent judgment with Plaintiff for past rent in the amount of $3, 444.25 plus costs. Accessed on Missouri Case.net. Therefore, the Court lacks subject matter jurisdiction, and this case is remanded under 28 U.S.C. § 1447(c).

Accordingly,

IT IS HEREBY ORDERED that Defendant's motion for leave to proceed in forma pauperis [ECF No. 3] is GRANTED.

IT IS FURTHER ORDERED that this action is remanded to the Circuit Court of St. Louis County, with reference to Soberly Family Limited Partnership v. Harris, No. 15SL-AC11664.

IT IS HEREBY CERTIFIED that an appeal would not be taken in good faith.


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