Noonan v. Bank of America Corporation et a

Filing 3

ORDER OF REMAND. This case is REMANDED to the 234th Judicial District Court of Harris County, Texas. Case terminated on October 12, 2012(Signed by Judge Ewing Werlein, Jr) Parties notified.(chorace)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
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§
§
§
§
§
§
§
§

PETER NOONAN,
Plaintiff,

v.
BANK OF AMERICA CORPORATION,
et al.,
Defendants.

CIVIL ACTION NO.4: 12 - 3

05l

§

ORDER OF REMAND
Pending is an unverified application for Temporary Restraining
Order
Oddly,
state

(TRO)

by pro se Plaintiff Peter Noonan

(Document No.1).

Plaintiff alleges that he is removing his own case from
court,

where

assertion that

he

on

his

is complete diversity of citizenship.

there

filed

it

March

5,

2012,

based

A

plaintiff may not remove his own case to federal court.
U.S.C.

§

court

of

original

Title 28

1441 states that "any civil action brought in a State
which the

district

jurisdiction,

may be

courts

of

removed

the United States have
by the defendant or the

defendants,

to the district court of the United States .

28 U.S.C.

1441(a); see also Shamrock Oil & Gas Corp. v. Sheets,

§

61 S. Ct. 868, 872
Supp.

147,

149

(1941); Scott v. Commc'ns Serv.,

(S.D.

Tex.

1991),

aff'd 961

F.2d 1571

1992) ("Only the defendant can remove a case.").
case must be remanded to state court.

Inc.,

II

762 F.

(5th Cir.

Accordingly, this

It is therefore

ORDERED that

this case is REMANDED to the 234th Judicial

District Court of Harris County, Texas.
The Clerk will mail a certified copy of this Order to the
Clerk of the 234th Judicial District Court of Harris County, Texas,
as required by 28 U.S.C.

§

1447, and shall notify all parties and

provide them with a true copy of this Order.
SIGNED at Houston, Texas, on this

~ of

October, 2012.

WERLEIN, JR.

TES DISTRICT JUDGE

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