UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
July 15, 2009
THE PEOPLE OF THE STATE OFNEW YORK, TOWN OF LLOYD COURT PLAINTIFFS,
JEFFREY BURFEINDT, JEFFREY-CHARLES, DEFENDANTS.
The opinion of the court was delivered by: Gary L. Sharpe U.S. District Judge
The Clerk has sent to the court for review a notice of removal filed pursuant to 28 U.S.C. §§ 1441 and 1446 by defendants Jeffrey Burfeindt and Jeffrey-Charles. (Dkt. No. 1.) Also before the court is defendants' motion to proceed in forma pauperis. (Dkt. No. 2.)
Defendants' motion to proceed in forma pauperis is granted. However, a review of the notice of removal convinces the court that remand is required here. Under 28 U.S.C. § 1441, removal of a state court action to federal court is proper only if the action falls within the original subject matter jurisdiction of the federal court. See Fax Telecommunicaciones Inc. v. AT & T, 138 F.3d 479, 485-86 (2d Cir. 1998). Here, the court's original subject matter jurisdiction is invoked pursuant to 28 U.S.C. § 1331,*fn1 which provides federal jurisdiction over cases involving federal law. However, the notice of removal is otherwise completely incoherent, and is not accompanied by a complaint. Thus, the court cannot discern what the nature of the state action is, whether it actually implicates issues of federal law, or even whether it is a criminal or civil case. Accordingly, as bald assertions of federal jurisdiction will not support removal, see, e.g., Cashman v. Rosenberger, No. 105CV0640GLSDRH, 2005 WL 1331127, at *1-2 (N.D.N.Y. June 1, 2005), the court remands this action sua sponte to the state court pursuant to 28 U.S.C. § 1447(c).
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that defendants' motion to proceed in forma pauperis (Dkt. No. 2) is GRANTED; and it is further
ORDERED that the petition for removal (Dkt. No. 1) is DISMISSED; and it is further
ORDERED that this matter be REMANDED to the state court in which the proceeding was commenced; and it is further
ORDERED that the Clerk of the Court serve a certified copy of this Order to the state court; and it is further
ORDERED that the Clerk of the Court provide a copy of this Order to the parties.
IT IS SO ORDERED.