Reese v. Richland School District Two et al

Filing 1

NOTICE OF REMOVAL from Court of Common Pleas Richland County, case number 2013-CP-40-6295. (Filing fee $ 400 receipt number 0420-5027496), filed by Baron R Davis, Richland School District Two. (Attachments: # 1 State Court Documents)(kbos)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Ashton James Reese, Plaintiff, vs. Richland School District Two, Dr. Baron R. Davis, in his official capacity as principal of Spring Valley High School, and Ben Fields, in his official capacity as a Richland County Deputy and school resource officer, Defendants. TO: ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 3:13-3040-TLW NOTICE OF REMOVAL The Honorable Judges of the United States District Court for the District of South Carolina, Columbia Division: Petitioners, Richland School District Two and Dr. Baron R. Davis, by and through their undersigned attorneys, hereby appear for the purpose of removal only, with the consent of Defendant Ben Fields, in his official capacity as a Richland County Deputy and school resource officer, as expressed herto as Exhibit A, and respectfully shows this Court the following: I. Petitioners are Defendants in the above-entitled action. II. The above-entitled action was filed on October 16, 2013, in the Court of Common Pleas, Richland County, State of South Carolina. Said action is now pending in the Court of Common Pleas of Richland County, State of South Carolina. III. Defendants Richland School District Two and Dr. Baron R. Davis accepted service of the Complaint on October 17, 2013. Said Summons and Complaint constitutes all process, pleadings, and orders received by Defendant. A copy of the Summons and Complaint is attached hereto as Exhibit B. IV. No further proceedings have been had herein in the Court of Common Pleas, Richland County, State of South Carolina. V. As set forth in the Complaint attached hereto as Exhibit B, Plaintiff' alleges causes of action arising under the laws of the United States, specifically, the Fourteenth Amendment to the United States Constitution, by way of 42 U.S.C. § 1983. VI. This Court, therefore, has original jurisdiction of the above-entitled action pursuant to 28 U.S.C. §§ 1331 and 1343, and removal of the action to this Court is proper pursuant to 28 U.S.C. § 1441 and 28 U.S.C. § 1367. VII. This notice is filed with this Court within thirty (30) days after receipt by the Defendants Richland School District Two and Dr. Baron R. Davis "through service or otherwise, of a copy of a pleading, motion, order or other paper from which it may be first ascertained that the case is one which is or has become removable" as provided in 28 U.S.C. § 1446(b). See also Murphy Bros. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999). VIII. Petitioners will give written notice of the filing of this Notice to Plaintiff as provided in 28 U.S.C. § 1446(d). A copy of said Notice of Filing of Notice of Removal is attached hereto as Exhibit C. IX. A duplicate copy of this Notice will be filed with the Clerk of Court of Richland County, State of South Carolina, as provided in 28 U.S.C. § 1446(d). Wherefore, Petitioners request that the above-entitled action be removed from the Court of Common Pleas, Richland County, State of South Carolina, to this Court. Respectfully submitted, CHILDS & HALLIGAN, P.A. By: s/ Jasmine R. Drain Vernie L. Williams, Fed. I.D. No. 7094 vwilliams@childs-halligan.net Jasmine R. Drain, Fed I.D. No. 10169 jdrain@childs-halligan.net P.O. Box 11367 Columbia, South Carolina 29211 (803) 254-4035 Attorneys for Defendants Richland School District Two and Dr. Baron R. Davis November 7, 2013 Columbia, South Carolina

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