FILED

NOT FOR PUBLICATION SEP 01 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ANTHONY ANDRE SHARP, No. 08-16648

Petitioner - Appellant, D.C. No. 2:08-CV-00443-GEB

v.

MEMORANDUM *

JOSEPH A. BICK,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, District Judge, Presiding

Submitted August 10, 2010 **

Before: LEAVY, HAWKINS, and IKUTA, Circuit Judges.

Anthony Andre Sharp appeals pro se the dismissal of his petition for

removal of a California state court action to federal court. We have jurisdiction

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

1 under 28 U.S.C. § 1291, and we affirm.1

Sharp contends the district court erred by denying his petition for removal

because the state court and state officials are violating his constitutional rights. We

affirm the district court’s conclusion that, as the plaintiff in the underlying state

court action, Sharp cannot remove the case to federal court. See 28 U.S.C.

§ 1446(a); see also American Int’l Underwriters, (Philippines), Inc. v. Continental

Ins. Co., 843 F.2d 1253, 1260 (9th Cir. 1988) (“The right to remove a state court

case to federal court is clearly limited to defendants.”).

All pending motions are denied.

AFFIRMED.

1 For the reasons stated in the district court’s July 15, 2008, order, a certificate of appealability is unnecessary in this case.

2