McBrien v. City and County of San Mateo et al
Filing
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ORDER REMANDING CASE TO STATE COURT AND DENYING AS MOOT 3 APPLICATION TO PROCEED IN FORMA PAUPERIS. Signed by Judge Claudia Wilken on 1/6/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/6/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KAREN MCBRIEN,
Plaintiff,
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United States District Court
For the Northern District of California
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ORDER REMANDING
CASE TO STATE
COURT AND DENYING
AS MOOT
APPLICATION TO
PROCEED IN FORMA
PAUPERIS
v.
CITY OF SAN MATEO, et al.,
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No. C 11-5612 CW
Defendants.
________________________________/
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Plaintiff Karen McBrien originally filed this case in state
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court, removed it to federal court and applies to proceed in forma
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pauperis.
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Plaintiff has improperly removed this case.
The statutes
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governing removal, 28 U.S.C. ยง 1441 and 1446, indicate that a case
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is removable from state to federal court by the defendant or
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defendants in the action.
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case by a plaintiff because the plaintiff is the party who has
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decided to file the case in state court.
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Centry Mortg. Corp., 2011 WL 4499117, *1 (S.D. Cal.) (the removal
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statute does not permit a plaintiff to remove an action he chose
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to file in state court); In re Walker, 375 F.2d 678, 678 (9th Cir.
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1967) (no right in favor of plaintiff, who has filed action in
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state court, to cause the removal of such action).
There is no provision for removal of a
See Esparza v. New
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Because removal is improper, this case is remanded to state
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court.
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denied as moot.
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Plaintiff's application to proceed in forma pauperis is
IT IS SO ORDERED.
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Dated: 1/6/2012
CLAUDIA WILKEN
United States District Judge
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United States District Court
For the Northern District of California
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