(HC) Anderson v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DION ANDERSON, and KONANYAH No. 2:23-cv-0522 KJN P

BN YAHLAZAR,

12 Plaintiff, ORDER AND FINDINGS AND v. RECOMMENDATIONS 14 THE STATE OF CALIFORNIA, et al., 15 Defendants.

17 Plaintiff Anderson is a state prisoner, proceeding pro se. On March 17, 2023, plaintiff filed a “Request and Notice for Removal to the Eastern District,” under 28 U.S.C. § 1441. (ECF No. 1.) However, plaintiff’s removal is improper. A plaintiff cannot remove his own action to federal court. 28 U.S.C. § 1441(a); Am. Int’l Underwriters (Philippines), Inc. v. Cont’l Ins. Co., 843 F.2d 1253, 1260 (9th Cir. 1988) (“The right to remove a state court case to federal court is clearly limited to defendants.”) Because an action may only be removed to federal court by a defendant, plaintiff’s removal petition should be remanded. See 28 U.S.C. § 1441(a); Okot v. Callahan, 788 F.2d 631, 633 (9th Cir. 1986). In accordance with the above, IT IS HEREBY ORDERED that the Clerk…