Richard William Claxton v. State of Arizona, (Two Cases)

Good Law
995 F.2d 230
United States Court of Appeals for the Ninth CircuitJune 4, 199392-16324California1,290 words

Opinion

Opinion

995 F.2d 230 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard William CLAXTON, Plaintiff-Appellant, v. STATE OF ARIZONA; et al., Defendants-Appellees. (Two Cases) Nos. 92-16324, 92-16326. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 4, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 * In consolidated appeal no. 92-16324, Richard William Claxton, an Arizona state prisoner, appeals pro se the district court's order remanding his civil rights action to Arizona state superior court. The record shows the district court remanded the action for lack of jurisdiction because Claxton, the plaintiff, may not remove his own action from state court. See 28 U.S.C. §§ 1441 (a), 1446(a) & (b); Okot v. Callahan, 788 F.2d 631, 633 (9th Cir.1986) (per curiam) (stating that "[r]emoval is available only to defendants"). The district court's order is therefore unreviewable by this court. See Sever v.…

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