Petteway v. Nichols
| Jeffrey Nichols |
| Christopher Q. Petteway |
| 3:2023cv00062 |
| January 17, 2023 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Thomas O Farrish |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Case remanded to State Court Judicial District of New London. (Shafer, J.) |
Filing 12
AMENDED ORDER: The plaintiff, Christopher Q. Petteway, has filed a notice seeking to remove a case currently being litigated in a state of Connecticut Superior Court to the District of Connecticut. See Dkt. No. #1 . The case that Mr. Petteway seeks to remove (KNL-CV19-60404053-S) is one in which he, as a plaintiff, brings a negligence claim against defendants Jeffery Nichols and the City of New London. See https://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=KNLCV196040453S.A state court action may be removed to federal court by a Defendant when there is subject-matter jurisdiction. See 28 USC 1441; see also Home Depot U. S. A., Inc. v. Jackson, 139 S.Ct. 1743, 1748 (2019). Federal courts have limited subject matter jurisdiction, 28 U.S.C. 1331, and courts "have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006). Where jurisdiction is lacking, dismissal is mandatory. See Fed. R. Civ. P. 12(h)(3). Here, the instant state court matter may not be removed to federal court because the plaintiff, not a defendant, is attempting to remove. Furthermore, the underlying claim pertains to a state law negligence claim that does not involve diversity of citizenship. Thus, the Court lacks subject-matter jurisdiction. Therefore, Mr. Petteway's request for removal is DENIED. Mr. Petteway's motion for leave to proceed in forma pauperis (Dkt. No. #2 ) and motion for free copies of documents (Dkt. No. #9 ) are moot. The Clerk is respectfully directed to remand this case to the Connecticut Superior District of New London. Signed by Judge Vanessa L. Bryant on 02/1/2023. (Allums, Kenneshea)
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Filing 11
ORDER: The plaintiff, Christopher Q. Petteway, has filed a notice seeking to remove a case currently being litigated in a state of Connecticut Superior Court to the District of Connecticut. See Dkt. No. #1 . The case that Mr. Petteway seeks to remove (KNL-CV19-60404053-S) is one in which he, as a plaintiff, brings a negligence claim against defendants Jeffery Nichols and the City of New London. See https://civilinquiry.jud.ct.gov/CaseDetail/PublicCaseDetail.aspx?DocketNo=KNLCV196040453S.A state court action may be removed to federal court by a Defendant when there is subject-matter jurisdiction. See 28 USC 1441; see also Home Depot U. S. A., Inc. v. Jackson, 139 S.Ct. 1743, 1748 (2019). Federal courts have limited subject matter jurisdiction, 28 U.S.C. 1331, and courts "have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006). Where jurisdiction is lacking, dismissal is mandatory. See Fed. R. Civ. P. 12(h)(3). Here, the instant state court matter may not be removed to federal court because the plaintiff, not a defendant, is attempting to remove. Furthermore, the underlying claim pertains to a state law negligence claim that does not involve diversity of citizenship. Thus, the Court lacks subject-matter jurisdiction. Therefore, Mr. Petteway's request for removal is DENIED. Mr. Petteway's motion for leave to proceed in forma pauperis (Dkt. No. #2 ) and motion for free copies of documents (Dkt. No. #9 ) are moot. The Clerk is respectfully directed to close this case. Signed by Judge Vanessa L. Bryant on 01/31/2023. (Allums, Kenneshea)
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| Filing 10 NOTICE, by Christopher Q. Petteway. (Mendez, D) |
| Judge Thomas O. Farrish added. (Oliver, T.) |
| Filing 9 LETTER MOTION for free copies of all documents in this case and for the USDC to send copies of documents to the State Court. by Christopher Q. Petteway. (Pesta, J.) |
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Filing 8
ORDER Re: Chambers Practices Signed by Judge Vanessa L. Bryant on 1/17/23.(Pesta, J.)
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| Filing 7 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Clerk on 1/17/23.(Pesta, J.) |
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Filing 6
PRISONER E-Filing Standing Order Signed by Judge Janet C. Hall on 1/17/23.(Pesta, J.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Vanessa L. Bryant on 1/17/23.(Pesta, J.)
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| Filing 4 Notice RE Disclosure Statement: Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 1/17/23.(Pesta, J.) |
| Filing 3 NOTICE OF Pending Motions in State Court by Christopher Q. Petteway (Pesta, J.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Christopher Q. Petteway. (Pesta, J.) |
| Filing 1 NOTICE OF REMOVAL by Christopher Q. Petteway from State of CT Judicial Branch, District of New London, case number KNL-CV-196040453-S., filed by Christopher Q. Petteway. (Attachments: #1 envelope)(Pesta, J.) |
| Judge Vanessa L. Bryant added. (Pesta, J.) |
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| Plaintiff: Jeffrey Nichols | |
| Represented By: | Ryan James McKone |
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| Defendant: Christopher Q. Petteway | |
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