Hartsfield v. State of Iowa et al

Filing 3

ORDER: This matter is before the court following removal from the Iowa District Court for Jones County. The defendant did not submit the appropriate filing fee. And, it appears the defendant did not comply with the court's rules regarding remova l or federal law regarding removal. Accordingly, the court deems it appropriate to remand this case back to the Iowa District Court for Jones County. The clerk's office is directed to take the appropriate steps to effectuate such remand. Additio nally, the clerk's office is directed to satisfy or terminate all of the motions that are pending in this action. (See order text) Signed by Chief Judge Linda R Reade on 12/14/11. (Copy w/NEF to Plf; certified copy docket sheet and order remanding to Jones County Clerk) (ksy)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION

NAPOLEON HARTSFIELD,
Plaintiff,

No. C11-0134-LRR

vs.
STATE OF IOWA, JERRY BURT,
IOWA DEPARTMENT OF
CORRECTIONS, JOHN FAYRAM,
CURT MAYO, DENNIS LEBARGE,
KATHRYN WILLIAMS,

ORDER

Defendants.
____________________________
This matter is before the court following removal from the Iowa District Court for
Jones County. Such removal occurred on December 8, 2011. The defendants did not
submit the appropriate filing fee. See 28 U.S.C. § 1914(a) (“The clerk of each district
court shall require the parties instituting any civil action, suit or proceeding in such court,
whether by original process, removal or otherwise, to pay a filing fee of $350 . . . .”); see
also LR 3(d) (requiring fee that is prescribed by statute). And, it appears that the
defendants did not comply with the court’s rules regarding removal or federal law
regarding removal. See LR 81(a)(1) (stating that, “[w]hen a civil case is removed to this
court from a state court, along with the notice of removal and the proper filing fee, the
removing party also must file under the same docket entry as the notice of removal the
following: 1. Copies of all process, pleadings, and orders filed in the state case . . .”);
28 U.S.C. § 1446(a) (requiring removing party to file “a copy of all process, pleadings,

and orders served upon such defendant”).1 Accordingly, the court deems it appropriate
to remand this case back to the Iowa District Court for Jones County. The clerk’s office
is directed to take the appropriate steps to effectuate such remand. Additionally, the
clerk’s office is directed to satisfy or terminate the motion that is pending in this action.

IT IS SO ORDERED
DATED this 14th day of December, 2011.

1

The court notes that none of the relevant state court documents have been filed.
Iowa state court criminal and civil records may be accessed at the following address:
http://www.iowacourts.gov/Online_Court_Services/. See Stutzka v. McCarville, 420 F.3d
757, 760 n.2 (8th Cir. 2005) (addressing court’s ability to take judicial notice of public
records).
2