Chris Grindling vs. Bert Sam Fong; et al.
Filing
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ORDER OF REMAND - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 3/4/2014. "This action is REMANDED to the Circuit Court of the Second Circuit, State of Hawaii, pursuant to 28 U.S.C. § 1447(c). The Clerk is DIRECTED to send a certified copy of this Order to the clerk of the Second Circuit Court, and to terminate this action." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Chris Grindling served by first class mail at the address of record on March 4, 2014.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
CHRIS GRINDLING, #A0721079,
Plaintiff,
vs.
BERT SAM FONG, et al.,
Defendants.
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CIV. NO. 14-00098 SOM/BMK
ORDER OF REMAND
ORDER OF REMAND
Before the court is pro se Plaintiff Chris Grindling’s
“Notice of Removal,” in which he seeks to remove his own prisoner
civil rights complaint brought in the Circuit Court for the
Second Circuit, State of Hawaii.
See Compl., ECF No. 1-1.
Plaintiff is incarcerated at the Maui Community Correctional
Center (“MCCC”).
Plaintiff is confused about the removal procedure.
Title 28 of the United States Code, section 1441, et. seq.,
governs the removal of an action from state to federal court.
A
defendant may remove an action brought in state court over which
the United States District Court has original jurisdiction to
federal court.
28 U.S.C. § 1441(a).
a case, however.
Only defendants may remove
A party who initiates an action in state court
does not have the right thereafter to remove the action to
federal court.
See 28 U.S.C. § 1441(a) (an action “may be
removed by the defendant or the defendants” ); see also Chicago,
R.I. & P.R. Co. v. Stude, 346 U.S. 574, 580 (1954) (“Here the
railroad is the plaintiff under 28 U.S.C. s 1441(a), . . . and
cannot remove”); Thomas v. Advance Housing, Inc., 475 Fed. Appx.
405, 407 (3d Cir. Apr.3, 2012) (“plaintiffs cannot remove suits
to federal court”); Lawrence v. Sec’y of State, 467 Fed. Appx.
523, 524 (7th Cir. May 3, 2012)(“a plaintiff cannot remove his
own case”).
The removal process is inapplicable here because
Plaintiff initiated this action in the state court.
This action is REMANDED to the Circuit Court of the
Second Circuit, State of Hawaii, pursuant to 28 U.S.C. § 1447(c).
The Clerk is DIRECTED to send a certified copy of this Order to
the clerk of the Second Circuit Court, and to terminate this
action.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, March 4, 2014.
/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge
Grindling v. Fong, et al., 1:14-cv-00098 SOM/BMK;
Orders\SOM\Grindling 14-98 som (remand order).wpd
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