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)

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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. ยง 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 -2-

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