Emerson v. UA Local 50 et al

Filing 3

ORDER Dismissing Action Without Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSEPH EMERSON,
Plaintiff,

Case No. 16-cv-10981
Hon. Matthew F. Leitman

v.
UA LOCAL 50, et al.,
Defendants.
_________________________________/
ORDER DISMISSING ACTION WITHOUT PREJUDICE
On March 16, 2016, Plaintiff Joseph Emerson (“Emerson”) filed a document
that he captioned “CHANGE OF VENUE.”

(See ECF #1.)

Although the

document is difficult to decipher, it appears that Emerson is attempting to remove
to this Court three pending actions that he has filed in a Toledo, Ohio state court.
(See id. at 1, Pg. ID 1.)
The federal removal statute, 28 U.S.C. § 1441(a), provides, in pertinent part,
that “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.” Under the statute, removal to
this Court is improper because, among other things, (1) Emerson is the plaintiff in

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this action, and (2) Emerson’s actions are not pending in a state court within the
Eastern District of Michigan.
Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED
WITHOUT PREJUDICE.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 31, 2016
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on March 31, 2016, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone] 

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