Filing 11

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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA ERIC SMITH, Plaintiff, vs. INDIANA DEPARTMENT OF CORRECTION, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) 1:12-cv-159-TWP-MJD Entry Discussing Motion to Remand I. 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 pending. “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 [10] is denied. II. The clerk shall change the Nature of Suit code from 440 to 555. IT IS SO ORDERED. 03/05/2012 Date: __________________ ________________________ Hon. Tanya Walton Pratt, Judge United States District Court Southern District of Indiana Distribution: Eric Smith No. 112675 Wabash Valley Correctional Facility 6908 S. Old U.S. Highway 41 P.O. Box 500 Carlisle, IN 47838 Note to Clerk: Processing this document requires actions in addition to docketing and distribution.

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