City of Ashland, Plaintiff-Counter-Defendant-Appellee v. Mark Cooper, Defendant-Counter-Claimant-Appellant, and Ron Salter, Counter-Defendant

Mark Cooper was sued in state court by the City of Ashland for damages arising from an alleged breach of contract. At that time, Cooper had pending in federal court a civil rights action against the City and other defendants. Cooper filed a petition in forma pauperis to remove the state court action to federal district court. He also petitioned to proceed without posting a removal bond as required by 28 U.S.C. § 1446 (d). The district court granted Coo per indigent status under 28 U.S.C. § 1915 (a), but denied his petition to remove without posting the requisite bond. This pro se appeal followed. The only issue to be resolved on review is whether a litigant who has been permitted to proceed in for-ma pauperis may be relieved of the obligation to file a removal bond.

I

As an initial matter, we must consider whether we may review the denial of a petition for removal. Had this case involved a final order of remand, such order would ordinarily be unappealable. A district court’s order remanding a removed case to state court on grounds specified in section 1447(c) “is not reviewable on appeal or otherwise.” 28 U.S.C. § 1447 (d); Schmitt v. Ins. Co. of North America, 845 F.2d 1546 ,…