(HC) Anderson v. State of California ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DION ANDERSON, and KONANYAH No. 2:23-cv-0522 KJN P BN YAHLAZAR, 12 Plaintiff, 13 ORDER AND FINDINGS AND v. RECOMMENDATIONS 14 THE STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 18 Plaintiff Anderson is a state prisoner, proceeding pro se. On March 17, 2023, plaintiff 19 filed a “Request and Notice for Removal to the Eastern District,” under 28 U.S.C. § 1441. (ECF 20 No. 1.) However, plaintiff’s removal is improper. A plaintiff cannot remove his own action to 21 federal court. 28 U.S.C. § 1441(a); Am. Int’l Underwriters (Philippines), Inc. v. Cont’l Ins. Co., 22 843 F.2d 1253, 1260 (9th Cir. 1988) (“The right to remove a state court case to federal court is 23 clearly limited to defendants.”) Because an action may only be removed to federal court by a 24 defendant, plaintiff’s removal petition should be remanded. See 28 U.S.C. § 1441(a); Okot v. 25 Callahan, 788 F.2d 631, 633 (9th Cir. 1986). 26 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 27 directed to assign a district judge to this case; and 28 //// ] Further, IT IS HEREBY RECOMMENDED that plaintiffs action be remanded to the 2 || Sacramento County Superior Court. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, plaintiff may file written objections 6 || with the court and serve a copy on all parties. Such a document should be captioned 7 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 | failure to file objections within the specified time may waive the right to appeal the District 9 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 10 | Dated: March 27, 2023 Aectl Aharon 12 KENDALL J.NE /ande0522.56 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28