Siminoe

The Elko County Grand Jury appeals from a district court order granting the Government’s motion to quash a state subpoena and denying the Grand Jury’s motion to remand.

Appellant issued a subpoena to Ben Siminoe, a -Forest Service employee. After the Forest Service instructed Siminoe not to appear and testify pursuant to United States Department of Agriculture (“USDA”) regulations, a Nevada state court ruled that the Grand Jury could validly subpoena federal employees and could petition for a bench warrant upon the federal officials refusal to comply with the subpoena. After re-issuance of the subpoena, Siminoe, represented by the Department of Justice, removed the case to the United States District Court pursuant to 28 U.S.C. § 1442 . The district court quashed the subpoena and refused to remand the case, and Appellant timely appealed. We affirm the district court’s decision.

I.

Initially we note that because this case was removed from state court pursuant to § 1442, our jurisdiction is derivative of the state court’s jurisdiction. See Lambert Run Coal Co. v. Baltimore & Ohio R.R. Co., 258 U.S. 377, 382 , 42 S.Ct. 349, 351 , 66 L.Ed. 671 (1922) (“The jurisdiction of the…