Anthony Sharp v. Joseph Bick

Good Law
403 F. App'x 204
United States Court of Appeals for the Ninth CircuitNovember 9, 201008-16648California281 words

Opinion

Opinion

ORDER

Anthony Andre Sharp’s petition for panel rehearing is granted. The memorandum disposition filed on September 1, 2010, is withdrawn. An amended memorandum disposition will be filed concurrently with this order.

No further petitions for rehearing will be entertained.

MEMORANDUM

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

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.”).

The district court, after it denied removal, was without jurisdiction to dismiss Sharp’s action, and further erred in failing to remand to the state court. See 28 U.S.C.…

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