Lakeith Raqib Amir-Sharif v. TDCJ ( 2016 )

NUMBER 13-16-00505-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
LAKEITH RAQIB AMIR-SHARIF, Appellant,
v.
TDCJ, ET AL., Appellees.
____________________________________________________________
On appeal from the 36th District Court
Of Bee County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion Per Curiam
On September 19, 2016, appellant, Lakeith Raqib Amir-Sharif, filed a notice of
appeal from the “rulings and actions” of the trial court. The record reflects that on August
29, 2016, the Attorney General of Texas filed “Defendant’s Notice of Removal to Federal
Court.” Upon receipt of the notice of appeal, the Clerk of this Court notified appellant
that it did not appear that this Court has jurisdiction, so that steps could be taken to correct
the defect, if it could be done. See TEX. R. APP. P. 37.1, 42.3. The Clerk further notified
appellant that the appeal would be dismissed if the defect was not corrected after the
expiration of ten days from receipt of the Court’s notice. Appellant has not filed a
response.
Once a case has been removed from state to federal court, the state court is
divested of all jurisdiction over the case. See 28 U.S.C. § 1446(d).; Nat’l S.S. Co. v.
Tugman, 106 U.S. 118, 122 (1882); Meyerland Co. v. Fed. Deposit Ins. Corp., 848 S.W.2d
82, 83 (Tex. 1993) (order); Stroud v. VBFSB Holding Corp., 917 S.W.2d 75, 84 (Tex.
App.—San Antonio 1996, writ denied). Because this case has been removed to federal
court, the federal court has exclusive jurisdiction and this Court lacks jurisdiction over this
appeal. Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.
See TEX. R. APP. P. 42.3(a),(c).
PER CURIAM
Delivered and filed the
3rd day of November, 2016.
2