Warrington v. King et al

Filing 4

ORDER denying 3 Notice of Petition and Verified Petition for Warrant of Removal. Signed by District Judge Frank D. Whitney on 10/23/2012. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:12-CV-00671-FDW-DCK
CHANTEL E. WARRINGTON,
Plaintiff,
vs.
CHRIS KING, JOHN DOE & JANE DOE,
Defendants.

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ORDER

THIS MATTER is before the Court upon Plaintiff Chantel E. Warrington’s Verified
Petition for Warrant of Removal. (Doc. 3). For the reasons set forth below, Plaintiff’s Petition is
DENIED.
Removal of civil actions from state court to the courts of the United States is governed by
28 U.S.C. § 1441. This statute only authorizes removal of cases from state court by defendants. As
Ms. Warrington is the plaintiff in this case, she is not able to file this Petition. In addition, Plaintiff
cites her state case number as 12-CR-289219-01, which indicates that her state court case is a
criminal matter. There is no provision of law, either under 28 U.S.C. § 1441 or elsewhere, that
permits a criminal case to be removed from state court and filed in federal court. As such, Plaintiff’s
Petition is DENIED.
IT IS SO ORDERED.
Signed: October 23, 2012