Ford v. Wells Fargo Bank et al

Filing 16

ORDER entered DENYING 15 MOTION to Transfer Case to State court level. If Ford wants to pursue this action in state court, she may move to voluntarily dismiss her federal court action without prejudice and refile the lawsuit in state court. But because Fords claims arise under federal law, the defendants may choose to remove any action Ford files in state court back to federal court. See 28 U.S.C. § 1441(a); id. § 1446.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
BARBARA WINFIELD FORD,
Plaintiff,
VS.
WELLS FARGO BANK, et al.,
Defendants.

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CIVIL ACTION NO. H-12-1402

ORDER
Barbara Winfield Ford sued four defendants in federal court, asserting causes of action for
race discrimination under Title VII and age discrimination under the ADEA. Ford moves “to have
this suit withdrawn” from federal court and “transferred to the state level.” (Docket Entry No. 15.)
The bases of her motion are that she needs the help of an attorney to proceed and that the attorney
from whom she sought help, but not yet retained, is unable to represent her in federal court. Ford’s
motion is denied because this court lacks the authority to transfer a case that was originally filed in
federal court to state court. See Foster v. Graves, 428 F. App’x 348, 351 (5th Cir. 2011) (stating that
“a district court does not have the authority . . . to remand or transfer a case to state court if the
matter was not initially filed in state court and subsequently removed to federal court”).
If Ford wants to pursue this action in state court, she may move to voluntarily dismiss her
federal court action without prejudice and refile the lawsuit in state court. But because Ford’s
claims arise under federal law, the defendants may choose to remove any action Ford files in state
court back to federal court. See 28 U.S.C. § 1441(a); id. § 1446.

SIGNED on August 7, 2012, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge