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Donald A. Buriss v. Fares Surgical Associates

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


April 29, 2011

DONALD A. BURISS,
PLAINTIFF,
v.
FARES SURGICAL ASSOCIATES, P.A., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Mary L. Cooper United States District Judge

NOT FOR PUBLICATION

OPINION

THE PLAINTIFF PRO SE - not the defendants - removed this action from New Jersey state court. (Dkt. entry no. 1, Rmv. Not.; id., Ex. A, State Court Complaint.) The document filed by the plaintiff is a notice of removal; it is incorrectly identified on the docket as an original federal complaint. (See dkt. entry no. 1.)

"[I]T IS AXIOMATIC that a plaintiff may not remove an action to federal court." La Chemise Lacoste v. Alligator Co., 506 F.2d 339, 343 n.4 (3d Cir. 1974); see Conner v. Salzinger, 457 F.2d 1241, 1242-43 (3d Cir. 1972) (stating same); Redmer v. Bor. of Pine Beach, No. 91-4572, 1991 WL 247002, at *2 (D.N.J. Nov. 18, 1991) (stating "plaintiffs' attempt to remove their own case to federal district court is ineffectual"). The Court will therefore remand the action to state court. For good cause appearing, the Court will issue an appropriate order and judgment.*fn1

Mary L. Cooper


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