IN RE CLAUDIA WALKER, APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A plaintiff who initiates an action in state court cannot remove that action to federal court.
Appellant sought to remove her state court action to federal court. The federal district court denied the petition for removal and dismissed the proce…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right Of Removal cases and more on FLexlaw
PER CURIAM:
Appellant filed her petition in the United States District Court for removal to that Court of her cause entitled “IN RE WALKER, 1 Civ. 23371 DCA Div. Ill” from the District Court of Appeal, First Appellate District of the State of California.
On hearing the District Court held that it was without jurisdiction, denied the petition for rehearing, and dismissed the proceedings. Appellant appeals from such order. The order appealed from is affirmed.
No right exists in favor of a person who, as plaintiff, has filed an action in the state court, to cause the removal of such action to a federal court. See 28 U.S.C. §§ 1441, 1443, 1446; Moore’s Federal Practice, 2d ed. Vol. 1A, p. 262; Wright, Federal Courts, p. 120.
The petition for removal having been denied and dismissed, appellant’s cause remains pending in the state court.
Appellant’s motion, as amended, for leave to file in this Court certain specified exhibits which were not filed in the District Court, is denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hartz v. United States, 387 F.2d 870 (5th Cir. 1968)
-
In re N-500L Cases. Cornhill Ins. Co. Ltd., 691 F.2d 15 (1st Cir. 1982)
-
Alec S. Hamilton, Jr. v. United States, 497 F.2d 370 (9th Cir. 1974)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence