Coulter v. Griffin et al

Filing 3

ORDER denying as moot 1 Motion; remanding case; and directing the Clerk to send a certified copy of this Order to Clerk of Arkansas Supreme Court, Arkansas Court of Appeals, and all persons listed in 2 Coulter's certificate of service. Signed by Judge D. P. Marshall Jr. on 12/04/2013. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

MINNIE M. COULTER,
dfb/a Coulter's Liquor
v.

PLAINTIFF
No. 4:13-cv-671-DPM

JOE GRIFFIN, Third Division, Circuit
Judge of Miller County, Arkansas; SEAN F.
ROMMEL; KIRK D. JOHNSON; FIRST DATA
MERCHANT SERVICES; and TELECHECK
SERVICE INC.

DEFENDANTS

ORDER
Plaintiff Coulter has removed her case, which was pending in the
Arkansas Court of Appeals. NQ 2. She may not do this for several reasons.
Perhaps most importantly, the right of removal now belongs only to "the
defendant or the defendants .... " 28 U.S.C. § 1441(a); see generally, Shamrock
Oil & Gas Corp. v. Sheets, 313 U.S. 100, 104-06 (1941) (history and changing

terms of the removal statute). Motion, NQ 1, denied as moot. Case remanded.
The Clerk shall send a certified copy of this Order to Leslie Steen, the Clerk
of the Arkansas Supreme Court and the Arkansas Court of Appeals, and a
copy to all persons listed in Coulter's certificate of service, NQ 2 at 11.

So Ordered.

D.P. Ma~shall Jr.?/
United States District Judge

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