DAVIS v. JORDAN

Filing 2

ORDER remanding action to Circuit Court, Fourth Judicial Circuit, Duval County, Florida. Ordered by Judge Clay D. Land on 06/05/2012. (CGC)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
WARREN MARCUS DAVIS,

*

Plaintiff,

*

vs.

*

WAYNE T. JORDAN,

*

CASE NO. 4:12-CV-105
Defendant.

*
O R D E R

Plaintiff Warren Marcus Davis originally filed this action
in

Florida

state

court

asserting

contract

and

tort

Notice of Removal Attach. 2, Compl. ¶¶ 4-8, ECF No. 1-2.

claims.
He now

seeks to litigate these claims in federal court based upon the
Court’s federal question jurisdiction and has filed a “Motion to
Transfer,” which the Court construes as a notice of removal.
Notice of Removal, ECF No. 1; Notice of Removal Attach. 1, Civil
Cover Sheet Box II, ECF No. 1-1.
“[A]ny civil action brought in a State court of which the
district courts of the United States have original jurisdiction,
may

be

district

removed

by

the

defendant

court

of

the

United

or

States

the
for

defendants,
the

to

the

district

and

division embracing the place where such action is pending.”
U.S.C. § 1441(a) (emphasis added).

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The Court is unaware of any

provision that would permit a plaintiff such as Mr. Davis to

remove to federal court the same exact action that he has filed
in state court, particularly in light of the narrow construction
to be given to the removal statutes.

See Hamilton v. Aetna Life

& Cas. Co., 5 F.3d 642, 643 (2d Cir. 1993) (per curiam); see
also Burns v. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir.
1994).

Accordingly, the Plaintiff’s attempted removal of this

action to this Court is ineffective, and the Clerk is directed
to

remand

the

action

to

the

Circuit

Court,

Fourth

Judicial

Circuit, Duval County, Florida.

IT IS SO ORDERED, this 5th day of June, 2012.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

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