SMITH v. INDIANA DEPARTMENT OF CORRECTIONS, CORIZON et al
Entry Discussing Motion to Remand - Plaintiff's 10 Objection to the Removal and Motion to Remand is DENIED. The clerk shall change the Nature of Suit code from 440 to 555. Signed by Judge Tanya Walton Pratt on 3/5/2012. (JD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANA DEPARTMENT OF
CORRECTION, et al.,
Entry Discussing Motion to Remand
Removal of a state court action to federal court is permitted by 28 U.S.C. §
1441(a), which states in relevant part:
[A]ny civil action brought in a State court of which the district courts of
the United States have original jurisdiction, may be removed by the
defendant or the defendants, to the district court of the United States
for the district and division embracing the place where such action is
“The district courts shall have original jurisdiction of all civil actions arising under
the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. One such
statute, the ubiquitous 42 U.S.C. § 1983, provides a basis for an action filed in a
state court being removed pursuant to § 1441(a). Matheson v. Progressive Speciality
Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003) ("Any civil action may be removed to
federal district court so long as original jurisdiction would lie in the court to which
the case is removed").
This action was removable to federal court based on the nature of the
plaintiff’s claim. The fact that the state courts have concurrent jurisdiction over the
plaintiff’s federal claims, Colvin v. Bowen, 399 N.E.2d 835, 839 (Ind. Ct. App.1980),
is not a basis on which removal could be refused. Additionally, the plaintiff’s view
that the defendants removed the action for reasons to gain an advantage over him
in this case does not render the removal improper. Accordingly, the plaintiff’s
objection to the removal and his motion to remand  is denied.
The clerk shall change the Nature of Suit code from 440 to 555.
IT IS SO ORDERED.
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana
Wabash Valley Correctional Facility
6908 S. Old U.S. Highway 41
P.O. Box 500
Carlisle, IN 47838
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