Free Order - District Court of Delaware - Delaware

Case 1 :07-cv—00068-GIVIS Document 6 Filed 04/11/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICHARD SNYDER, )
Plaintiff, g
v. i Civil Action No. 07-68 GMS
)
)
CAROLYN SWANSON, )
Defendant. g
ORDER
WHEREAS, on February 5, 2007, the plaintiff filed Notice of Removal (the "Notice") from
the Circuit Court for Prince George’s County, Maryland (the "Maryland Circuit Court") (D.I. 1);
WHEREAS, the Notice states that the plaintiff s case pending in the Maryland Circuit Court
is "now five years old," and must be removed to this court in order for the plaintiff to receive a fair
trial;
WHEREAS, 28 U.S.C. § 1446(b) provides that "[t]he notice of removal of a civil action or
proceeding shall be filed within thirty days after the receipt by the defendant, through service or
otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action
or proceeding is based .... If the case stated by the initial pleading is not removable, a notice of
removal may be tiled within thirty days after receipt by the defendant, through service or otherwise,
of a copy of an amended pleading, motion, order or other paper from which it may first be
ascertained that the case is one which is or has become removable;"
WHEREAS, it is settled law that the right to remove a case is vested with a defendant, as 28
U.S.C. § 1441 authorizes removal of "any civil action brought in a State court of which the district

Case 1:07-cv—00068-Gl\/IS Document 6 Filed 04/11/2007 Page 2 of 2
courts of the United States have original jurisdiction . . . by the defendant or the defendants .... ;"'
WHEREAS, after having considered the pertinent law, the court concludes that a plaintiff
is unable to remove an action and, therefore, the plaintiff s Notice is impermissible; and
WHEREAS, even if the plaintiff could permissibly remove this action, the court further
concludes that the plaintiffs Notice is untimely, because it was filed subsequent to the thirty-day
removal period set forth in 28 U.S.C. § I446(b);
IT IS HEREBY ORDERED that:
1. This case will be remanded to the Circuit Court for Prince George’s County,
Maryland; and
2. The Clerk will CLOSE this case.
Dated: April kl , 2007
UNIT D ST ES DI RICT UDGE
F I L E D
us. msmicr count
oasrmcr or oemwnas
I Conner v. Salzinger, 457 F.2d 1241, 1243 (3d Cir. 1972) (citing Shamrock Oil & Gas
Corp. v. Sheets, 313 U.S. 100, 104-05 (1941); In re Wa/ker, 375 F.2d 678 (9th Cir. 1967);
Shotkin v. Presbyterian Church Bd of Pensions, 23 A.2d 419 (1942), cert. denied, 317 U.S.
632).
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