Joshua : Man of God, Horowitz Family et al v. State of Montana (Principal) et al
Filing
17
ORDER denying 14 Motion for removal of cases Signed by Magistrate Judge Jeremiah C. Lynch on 6/21/2017. (TCL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
JOSHUA : MAN OF GOD, HOROWITZ
FAMILY, and DAVID : MAN OF GOD,
HOROWITZ FAMILY,
Plaintiffs,
CV 17-67-M-DLC-JCL
ORDER
vs.
STATE OF MONTANA (PRINCIPAL), a
Public Corporation/Statutory Trust; and
STATE OF MONTANA (ALL AGENTS)
ALL PUBLIC TRUSTEES/SERVANTS
EMPLOYEES of above Corporation,
Defendants.
Plaintiffs have filed a document entitled “Motion to Remove”. As best as
can be ascertained from the referenced document, Plaintiffs request the Court to
enter an order directing the “Montana Courts” to “remove” to federal court any
and all civil and criminal cases that may be pending against Plaintiffs in the court
system of Montana. Plaintiffs do not specifically identify any particular case or
court.
No procedural mechanism exists in federal law to grant Plaintiffs the relief
they request. The procedures available to remove cases pending in a state court to
federal court are set forth in Title 28 of the United States Code, sections 1441-
1455. Plaintiffs have not invoked any of those procedures. Therefore, their
“Motion to Remove” is properly denied.
IT IS SO ORDERED.
DATED this 21st day of June, 2017.
Jeremiah C. Lynch
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?