West v. West
| Adam West |
| Abigail West |
| 3:2023cv01283 |
| December 6, 2023 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Notice of Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
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Filing 4
ORDER: Defendant Abigail West has removed a Davidson County Circuit Court action brought by Adam West. (See Doc. Nos. #1 ). Defendant also filed an in forma pauperis application. (Doc. No. #2 .) Because Defendant adequately demonstrates that she cannot pay the removal fee in advance without "undue hardship," the application is GRANTED. Here, Defendant relies on federal-question jurisdiction, which exists when a claim "arises under" the Constitution or laws of the United States. Arbaugh v. Y&H Corp., 546 U.S. 500, 513 (2006) (citation omitted). The Notice of Removal, however, does not articulate any federal claim in the underlying case; to the contrary, the underlying case appears to concern quintessential state law custody matters. For these reasons, the Notice of Removal (Doc. No. #1 ) is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction. The Clerk of Court shall promptly REMAND this case to the Davidson County Circuit Court and close the file. Signed by District Judge William L. Campbell, Jr on 12/12/23. (xc:Pro se party by regular mail. A certified copy of this Order mailed to the Davidson County Circuit Court.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Abigail West. (af) |
| Filing 1 NOTICE OF REMOVAL by Abigail West from Circuit Court for Davidson County, case number 18D-1541. (Attachments: #1 Attachment - Cover Letter)(af) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (af) |
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| Plaintiff: Adam West | |
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| Defendant: Abigail West | |
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