Theresa Dayton v. State of Alaska

+CORRECTED

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT AUG 28 2014

MOLLY C. DWYER, CLERK

THERESA DAYTON, personally and as No. 13-35876 U.S. COURT OF APPEALS

the Personal Representative of the Estate of Thomas E. Cicardo, D.C. No. 3:12-cv-00245-JWS

Plaintiff - Appellee,

MEMORANDUM*

v.

STATE OF ALASKA,

Defendant-third-party- plaintiff - Appellant,

V.

UNITED STATES OF AMERICA,

Third-party-defendant - Appellee.

Appeal from the United States District Court for the District of Alaska John W. Sedwick, District Judge, Presiding

Argued and Submitted August 13, 2014 Anchorage, Alaska

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: FARRIS, D.W. NELSON, and NGUYEN, Circuit Judges.

+ The state of Alaska appeals from the district court’s remand of Theresa

Dayton’s action against Alaska to state court. We have jurisdiction to hear appeals

of remand orders under 28 U.S.C. § 1291 if the case was removed pursuant to

U.S.C § 1442. 28 U.S.C. § 1447(d). We also…