Hossein v. Dearborn Heights, City of et al

Filing 11

ORDER DISMISSING CASE - Signed by District Judge David M. Lawson. *Vacates 4 Order of Reference & Dismisses 7 Motion for Declaratory Judgment as moot.* (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JIHAD HOSSEIN,
Plaintiff,

Case Number 12-14968
Honorable David M. Lawson
Magistrate Judge Michael J. Hluchaniuk

v.
CITY OF DEARBORN HEIGHTS,
DAVID D. TURFE, MARK J.
PLAWECKI, LEE GAVIN, D. MUELLER,
M. GUZOWSKI, DOE NO. 1, identified as
Badge No. 19, and DOE NO. 2, identified as
Court Clerk,
Defendants.
____________________________________/

ORDER DISMISSING CASE
On November 7, 2012, the plaintiff filed his lengthy initial pleading in this case, which he
directed the Clerk of Court to docket as a “notice of removal.” The federal statute that governs
removal of a case from state to federal court states that:
Except as otherwise expressly provided by Act of Congress, any 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.
28 U.S.C. § 1441(a) (emphasis added). The statute does not allow for removal of a case by a
plaintiff. The plaintiff here has purported to remove his own state case to this court, and he has cited
no legal authority showing that he has a right to do so. The plaintiff also failed to identify in his
pleadings what case, from which state court, he intended to remove.
On November 14, 2012, the Court entered an order for the plaintiff to show cause in writing
why the case should not be dismissed for lack of subject matter jurisdiction. The plaintiff refused
delivery of the copy of the Court’s order which was served on him by mail, and accordingly has

forfeited his right to respond to the order to show cause. The plaintiff also filed a second pleading,
identical to his initial filing in this case, which was separately docketed by the Clerk of Court as the
complaint in Hossein v. City of Dearborn Heights, 12-14969. The Court therefore will dismiss the
present action and allow the plaintiff to proceed with his complaint in the related case.
Accordingly, it is ORDERED that the order referring the case to the magistrate judge [dkt.
#4] is VACATED.
It is further ORDERED that the complaint is DISMISSED without prejudice.
It is further ORDERED that the plaintiff’s motion for declaratory judgment [dkt. #7] is
DISMISSED as moot.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: November 21, 2012

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on November 21, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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