SLS- Specialized Loan Servicing v. Singletary

Filing 5

MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 3/30/2017. (c/m 3/30/2017 aos, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
SLS-SPECIALIZED LOAN SERVICING,
Plaintiff
v
ROGER SINGLETARY,
Defendant

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Civil Action No. PJM-17-820
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MEMORANDUM OPINION

Self-represented Plaintiff Roger Singletary filed suit in the District Court for Prince
George’s County, Maryland against Defendant SLS-Specialized Loan Servicing. ECF No. 1
(Notice of Removal). Singletary then removed the case to this Court. Id. Singletary also filed
an unsigned and undated Motion to Proceed in Forma Pauperis. ECF No. 2. He did not file the
Complaint with the Notice of Removal.
The statutes providing for removal of state actions to federal court only allow “the
defendant,” not the plaintiff, to remove the action. See 28 U.S.C. § 1446(a) (providing that “[a]
defendant or defendants desiring to remove any civil action from a State court shall file in the
district court of the United States . . . a notice of removal . . . , together with a copy of all
process, pleadings, and orders served upon such defendant or defendants in such action”
(emphasis added)); see also 28 U.S.C. § 1443 (providing that “the defendant” may remove
certain “civil actions or criminal prosecutions, commenced in a State court” that implicate the
defendant’s civil rights (emphasis added)). Consequently, Singletary’s removal to this Court was
improper. See 28 U.S.C. §§ 1443, 1446(a).

Accordingly, this case will be remanded to the District Court for Prince George’s
County, Maryland by separate Order. Singletary’s unsigned and undated motion to proceed in
forma pauperis will be denied without prejudice.

______________/s/________________
PETER J. MESSITTE
UNITED STATES DISTRICT JUDGE

March 30, 2017

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