Lipscomb v. Burge et al
| Keon Lipscomb |
| John Burge, Mindi Nurse and Matthew Norton |
| 1:2023cv01398 |
| October 24, 2023 |
| U.S. District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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| Filing 3 JUDGMENT entered. (KE) |
TEXT ORDER entered by Judge Michael M. Mihm on 12/4/2023. The Clerk received a document #1 that purports to be a transferal of jurisdiction from the 11th Judicial Circuit Court, Livingston County, Illinois, to this Court. That document was prepared upon an Order of an 11th Judicial Circuit Judge granting Plaintiff's Motion for Transfer of Venue; Plaintiff's motion had asked that the state court transfer this case from state court to federal court. A Plaintiff cannot remove their own case to federal court: "Only a party can remove a suit to federal court," and "[a]mong parties, only a defendant can remove the suit." MB Fin., N.A. v. Stevens, 678 F.3d 497, 498 (7th Cir. 2012) (citing 28 U.S.C. Sec 1441(a), (b)). Also, "a notice of removal must be filed within 30 days of a suit's commencement." MB Fin., N.A., 678 F.3d at 499, (citing 28 U.S.C. Sec 1446(b)). Plaintiff filed this lawsuit in the Eleventh Judicial Circuit Court on 4/7/22. Even if Plaintiff could remove his own case to federal court (which he cannot) he litigated this case in state court for approximately 18 months before seeking to move the case to federal court. On 10/25/23 this Court ordered Plaintiff to show cause by 11/21/23 why this case should not be remanded to the 11th Judicial Circuit Court, Livingston County, Illinois. Plaintiff has not responded to the Order to Show Cause. Plaintiff's attempt to remove this lawsuit to this Court is counter to the plain language of the federal removal statute. This case is therefore REMANDED to the 11th Judicial Circuit Court, Livingston County, Illinois. (KE)
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TEXT ORDER TO SHOW CAUSE entered by Judge Michael M. Mihm on 10/25/2023. The Clerk received a document #1 that purports to be a transferal of jurisdiction from the 11th Judicial Circuit Court, Livingston County, Illinois, to this Court. That document was prepared upon an Order of an 11th Judicial Circuit Judge granting Plaintiff's Motion for Transfer of Venue, that asked that the state court transfer this case from state court to federal court. A Plaintiff can't remove their own case to federal court: "Only a party can remove a suit to federal court," and "[a]mong parties, only a defendant can remove the suit." MB Fin., N.A. v. Stevens, 678 F.3d 497, 498 (7th Cir. 2012) (citing 28 U.S.C. Sec 1441(a), (b)). Plaintiff's attempt at an end-around of the federal removal statute appears meritless. Also, "a notice of removal must be filed within 30 days of a suit's commencement." MB Fin., N.A. v. Stevens, 678 F.3d 497, 499 (7th Cir. 2012) (citing 28 U.S.C. 1446(b)). Plaintiff filed this lawsuit in the Eleventh Judicial Circuit Court on 4/7/22. Even if Plaintiff could remove his own case to federal court (which he cannot) he has also litigated this case in state court for approximately 18 months before embarking on his gambit to move the case to federal court. Plaintiff is hereby ORDERED to SHOW CAUSE by 11/21/23 why this case should not be remanded to the 11th Judicial Circuit Court, Livingston County, Illinois. Failure to show cause, with citation to specific authority allowing this Court to assume jurisdiction over this action, will result in the remand of this case to state court. (KE)
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| Filing 1 NOTICE OF TRANSFER from Livingston County, IL, case number 22 LM 13 (Attachments: #1 Livingston County documents)(SAG) |
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