Center Grove Water Users Association Inc v. Watts et al
ORDER remanding this case to the Circuit Court of Jefferson County, Arkansas. Signed by Judge D. P. Marshall Jr. on 11/18/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTER GROVE WATER
USERS ASSOCIATION, INC.
MOSES WATTS, SR., and
This is the second eminent domain case the Wattses have removed from
state court this year. See Entergy Arkansas, Inc. v. Moses Watts and Ruby Watts,
No. 4:15-cv-557-BRW (E.D. Ark. 24 September 2015). The Wattses say the
state-court proceedings have violated their federal rights. Ng 1 at 3-4. This
Court must make sure it has subject matter jurisdiction. 28 U.S.C. § 1447(c);
Arbaugh v. Y & H Corporation, 546 U.S. 500, 514 (2006).
It does not. The Wattses saw civil rights violations in the state case at
least by late June 2015, when they had received and moved to set aside the
state court's order of possession. Ng 1at10. McCullough v. Ligon, 430 F. Supp.
2d 846, 849 (E.D. Ark. 2006), affdon other grounds, 271 Fed. Appx. 547. So they
had to remove the case by late July. 28U.S.C.§1446(b). They didn't. NQ 1. The
removal is therefore untimely.
Nor have the Wattses alleged enough to remove under 28U.S.C.§1443.
It's not enough for the Wattses to say their rights have been violated in state
court; the state proceedings must run their course unless they're nearly
guaranteed to fail. Doe v. Berry, 967 F.2d 1255, 1257-58 (8th Cir. 1992);
McCullough, 430 F. Supp. 2d at 850.
* * *
The Court remands this case to the Circuit Court of Jefferson County,
D.P. Marshall Jr~
United States District Judge
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