State of Arizona v. Randy Heyden

Filing 5

ORDER denying 4 Motion for District Judge to Reconsider Order. Signed by Judge Miranda M. Du on 8/4/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STATE OF ARIZONA,

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Case No. 3:15-cv-00226-MMD-WGC
Plaintiff,

ORDER

v.
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RANDY HEYDEN,
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Defendant.
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This case came before the Court by way of a petition for removal filed by

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Defendant Randy Heyden. The Court dismissed the action, finding the removal to be

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improper. Mr. Heydon moves for reconsideration. (Dkt. no. 4.) Mr. Heyden explained

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that he objects to dismissal because he should have been identified as the plaintiff, not

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the defendant. The complaint that serves as the basis for removal identifies Mr. Heyden

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as the defendant. (Dkt. no. 1 at 4.) Only a defendant, the party being sued, has the

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right to remove a case. Mr. Heyden attached to the petition a separate complaint where

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he is identified as the plaintiff. However, Mr. Heyden cannot initiate a separate action

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within a petition for removal. It is therefore ordered that the motion for reconsideration

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(dkt. no. 4) is denied.

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DATED THIS 4th day of August 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE