Alaimo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 ANTHONY MARCUS ALAIMO, Case No. 21-cv-06329-NC 11 Plaintiff, ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE v. REMANDED 13 STEVEN M. MILLER, Re: ECF 1 14 Defendant. 15 16 Plaintiff Anthony Marcus Alaimo removed this case from Santa Clara County Superior Court on August 17, 2021. ECF 1. In his removal notice, Alaimo alleges that removal is proper under 28 U.S.C. § 1446(a). See id. at 3. Section 1446(a) does govern removal of civil actions, however, it only allows “a defendant or defendants” the ability to remove a case from state to federal court. As the party who chose the original forum, a plaintiff does not get to change their mind and remove a case to federal court later. See Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1761 (2019). Alaimo does title himself as “Defendant” in his introduction, but everywhere else in the complaint, he refers to himself as “Plaintiff.” ECF 1 at 1,…