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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION § § § § § § § § § 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 ~ • 2 - - --- -- -- - ---------------------

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