Edwards et al v. Norfolk Southern Railway et al

Filing 6

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on May 11, 2017. Mailed notice (ph, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JOYCE EDWARDS, et al.,
Plaintiffs,
v.
NORFOLK SOUTHERN RAILWAY, et al.,
Defendants.

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Case No. 17 C 3470

MEMORANDUM ORDER
Joyce Edwards ("Edwards"), characterizing herself as "Executor, CEO, Beneficiary,
Natural Person In Propria Persona Sui Juris," has signed and filed a hand-printed document that
she has entitled "Legal Notice of Removal" (the "Notice") to bring a state court action that she
lists as 2016 L 050132 1 from the Circuit Court of Cook County to this federal district court. 2
Because the so-called Notice occupies just two pages and is far easier to reproduce physically
rather than for this Court to make an attempt to decipher just what Edwards' claimed basis for
federal subject matter jurisdiction might be, that two-page filing is simply attached as Ex. 1 to
this memorandum order.
As the preceding paragraph has indicated, nonlawyer Edwards has alleged nothing at all
that would bring a state court case that she has identified only by number within the purview of

1

Among its many other deficiencies, the Notice omits the case name of the state court

lawsuit.
2

Even though nonlawyer Edwards is not authorized to appear and act on behalf of any
other party, she has also listed Jvonne Foster as another "Beneficial Owner of Carrie Edwards
Estate." Hence this memorandum order will speak only of Edwards as the removing party, but
what is said here addresses the impropriety of removal as such.

28 U.S.C. § 1441(a), 3 the statute by which Congress has conferred removal jurisdiction on the
federal district courts. In apparent recognition of that deficiency, Edwards has concluded her
brief Notice by stating "Claimant Requests Time to Amend this Petition." Even apart from the
irregularity of that approach to federal jurisdiction ("Maybe I can come up with something,
because I know I haven't done so yet"), Edwards and her colleague Jvonne Foster are attempting
to obtain a free ride by utilizing the Clerk's-Office-supplied form of In Forma Pauperis
Application ("Application") to avoid payment of the normal filing fee.
In brief, it is an understatement to say that "it appears that the district court lacks subject
matter jurisdiction" (Section 1447(c)). Accordingly this Court will comply with that subsection's
congressional mandate that "the case shall be remanded" (id.). It therefore orders (1) that the
case be remanded to its place of origin in the Circuit Court of Cook County and (2) that a
certified copy of the order of remand shall be mailed by the Clerk of this Court to the Clerk of
the state court (id.) forthwith.

__________________________________________
Milton I. Shadur
Senior United States District Judge
Date: May 11, 2017

3

All further references to Title 28's provisions will simply take the form "Section --,"
omitting the prefatory "28 U.S.C. §."

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