Anderson v. Anderson

Filing 4

MEMORANDUM OPINION & ORDER: 1) Action is REMANDED to Circuit Court in Clark County. 2) Clerk shall mail a certified copy of this Memo Opinion and Order to Clark Circuit Court referencing case number 17-CI-133. 3) Action is STRICKEN from the active docket of this Court. Signed by Judge Joseph M. Hood on 5/22/2017.(SCD)cc: COR,Pro Se Dft(via US Mail), Clark Circuit Court(certified copy via US Mail)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
MARY ELLEN ANDERSON,

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Plaintiff,
V.
ARTIS ANDERSON, et al.,
Defendants.

***
Artis
Proceeding

Anderson
without

is
an

***
a

Civil No. 17-221-JMH

MEMORANDUM OPINION
AND ORDER

***

resident

attorney,

***
of

Winchester,

Anderson

filed

a

Kentucky.
three-page

“Notice of Removal” in which he apparently seeks to remove a civil
case from the Circuit Court in Clark County, Kentucky to this
Court.

[R. 1]

However, Anderson’s Notice of Removal is legally

insufficient and, therefore, the Court will remand this case to
the Clark County Circuit Court.
As an initial matter, Anderson’s submission does not comply
with the procedures for removal of civil actions. Indeed, Anderson
did not attach to his Notice of Removal “a copy of all process,
pleadings, and orders served upon” him, as required by 28 U.S.C.
§ 1446.
Plus, while Anderson claims that “[t]his Court has original
jurisdiction” [R. 1 at 2], he has not demonstrated in any clear
way that this Court actually does have subject matter jurisdiction

in this case.

Instead, Anderson makes a series of inexplicable

statements in which he suggests that the appointment of a guardian
for his wife violated his “federal and international rights”
including the Fourteenth Amendment, the “Universal Declaration of
Human

Rights,”

and

Political Rights.”

the

“International

[R. 1 at 1-2]

Covenant

on

Civil

and

As best as the Court can tell,

this matter relates to a case that Anderson previously filed with
this Court in which he challenged the validity of a state court
order placing his spouse in guardianship; the Court dismissed that
case for lack of jurisdiction.

See Anderson v. Wiley, et al., No:

5: 16-cv-034-DCR (E.D. Ky. 2016). Ultimately, Anderson is required
to show that this Court has original jurisdiction, see Eastman v.
Marine Mech. Corp., 438 F.3d 544, 549 (6th Cir. 2006), and he has
not met that burden.
In light of the foregoing deficiencies, it is ORDERED as
follows:
1.

This action is REMANDED to the Circuit Court in Clark
County, Kentucky as it was improvidently removed.

2.

The Clerk of the Court shall mail a certified copy of
this Memorandum Opinion and Order to the Clerk of the
Circuit Court of Clark County, Kentucky, referencing its
case number, 17-CI-00133.

3.

This action is STRICKEN from the active docket of this
Court.
2

This 22nd day of May, 2017.

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