Steshenko v. McKay et al

Filing 19

ORDER RE: 15 DENYING "MOTION TO REMOVE AND CONSOLIDATE CASES." Signed by Judge Richard Seeborg on 1/4/2010. (Filed on 1/4/2010)

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*E-Filed 1/4/10*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GREGORY NICHOLAS STESHENKO, v. Plaintiff, No. C 09-5543 RS ORDER DENYING "MOTION TO REMOVE AND CONSOLIDATE CASES"

United States District Court

11
For the Northern District of California

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THOMAS MCKAY, et al., Defendants. ____________________________________/ Plaintiff Gregory Nicholas Steshenko, appearing in pro se, has filed a "Motion to Remove and Consolidate Cases" in which he requests the Court to issue an order removing a case he filed in the Superior Court of Santa Cruz to this Court and to consolidate that case with this one. Steshenko's request is denied on grounds that removal of a state court action to federal court is to be accomplished by the filing of appropriate notice in conformance with the procedures set out in 28 U.S.C. § 1446, and not by court order. Steshenko is further advised, however, that a plaintiff in a state court proceeding has no right to remove to federal court; thus, even if Steshenko were to file a notice of removal otherwise in conformance with the procedural requirements of the statute, the action would be subject to sua sponte remand to the Superior Court for lack of jurisdiction in this Court. Finally, Steshenko is advised that any further motions in this action must be filed and noticed for hearing in conformance with Civil Local Rule 7. Steshenko is directed to Chapter 7 of 1
NO. C 095543 RS ORDER

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the "Handbook for Litigants Without a Lawyer" available from the Clerk's office or online at the Court's website, www.cand.uscourts.gov, for further information regarding motion practice.

IT IS SO ORDERED. Dated: 1/4/10 RICHARD SEEBORG
UNITED STATES MAGISTRATE JUDGE

United States District Court

11
For the Northern District of California

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NO. C 095543 RS ORDER

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THIS IS TO CERTIFY THAT A COPY OF THIS ORDER WAS MAILED TO: Gregory Nicholas Steshenko 3030 Marlo Court Aptos, CA 95003

DATED: December __, 2009 01/04/2010

/s/ Chambers Staff Chambers of Magistrate Judge Richard Seeborg

United States District Court

11
For the Northern District of California

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NO. C 095543 RS ORDER