Erum

MEMORANDUM **

Pro se appellant Theodorico Erum, Jr. (“Erum”) appeals the district court’s award of costs and fees to appellee Associates National Bank (“ANB”). The district court awarded costs and fees pursuant to 28 U.S.C. § 1447 (c) and Ninth Circuit precedent controlling at the time ANB moved the court for the award. See Baddie v. Berkeley Farms, Inc., 64 F.3d 487, 490 (9th Cir.1995) (costs “incurred as a result” of an improper removal to federal court recoverable under § 1447(c)). After the district court rendered its decision on the issue, the United States Supreme Court issued an opinion in Martin v. Franklin Capital Corp., 546 U.S. 132 , 126 S.Ct. 704 , 163 L.Ed.2d 547 (2005), which resolved a split amongst the Circuit Courts and set forth the appropriate analysis for evaluating § 1447(c) awards. Based on Martin , we reverse the district court.

In Martin , the Supreme Court affirmed a Tenth Circuit decision affirming a dis *668 trict court’s denial of a motion for costs and fees under § 1447(c). Although the district court determined the defendant improperly removed the case to federal court, it denied the plaintiffs motion for costs and fees because the defendant “had…