Neilson

Neilson v. Bell

Good Law
United States District Court, Eastern District of CaliforniaOctober 7, 20221:22-cv-01265California384 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 N.L. Neilson, No. 1:22-cv-01265-ADA-CDB Plaintiff, ORDER DISMISSING ACTION FOR

IMPROPER REMOVAL AND REMANDING

v. MATTER TO KERN COUNTY SUPERIOR

COURT

Michael Bell, et al., (ECF No. 1) Defendants.

16 On October 5, 2022, Plaintiff N.L. Neilson filed a request to remove to federal court a matter originally filed in California state court. For the following reasons, the Court must deny Plaintiff’s request and remand this action to state court. As an initial matter, federal statute permits only defendants to remove state actions to federal court. See 28 U.S.C. § 1441(a). A plaintiff who has chosen to file an action in state court generally cannot remove to federal court. Progressive West Ins. Co. v. Preciado, 479 F.3d 1014, 1017–18 (9th Cir. 2007). Even if Plaintiff were permitted to remove this matter to federal court, removal based on diversity of citizenship is only available within one year after the…

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