McCullar v. Oklahoma State of et al - Document No. 4

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McCullar v. Oklahoma State of et al

Doc. 4

Case 5:05-cv-00717-HE

Document 4

Filed 06/24/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA DAVID B. MCCULLAR, Plaintiff, vs. STATE OF OKLAHOMA, ET AL., Defendants. ) ) ) ) ) ) ) ) ) ORDER The plaintiff removed this action from the District Court of Caddo County. However, the applicable statute, 28 U.S.C. § 1441(a), provides: [A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. 28 U.S.C. § 1441(a) (emphasis added). Under § 1441 only a defendant may remove a case to federal court. The statute referenced by plaintiff in his notice of removal, 28 U.S.C. § 1443, is to the same effect. Accordingly, the action was improvidently removed and is REMANDED to the District Court of Caddo County. IT IS SO ORDERED. Dated this 24th day of June, 2005.

NO. CIV-05-0717-HE

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