Opinion
No. C 05-02495 CRB.
June 22, 2005
ORDER OF REMAND
Now before the Court is plaintiff's application to proceed in forma pauperis ("IFP"). A court may authorize a plaintiff to prosecute an action in federal court without prepayment of fees or security if the plaintiff submits an affidavit showing that he or she is unable to pay such fees or give security therefor.See 28 U.S.C. § 1915(a). Plaintiff has submitted the required documentation, and it is evident from the application that plaintiff's assets and income are insufficient to enable plaintiff to prosecute the action.
Viewing plaintiff's application in isolation, it appears that plaintiff should be allowed to proceed IFP. A court is under a continuing duty, however, to dismiss a case whenever it determines that the action "(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B)(i) — (iii).
Plaintiff filed her complaint in state court nearly four years ago. She alleges that she is the Royal Queen of China and that the Chinese government has sought to assassinate her through its spy, Oakland Mayor Jerry Brown. She recently removed the complaint to this Court.
Putting aside the merits of plaintiff's complaint, the Court must send back (remand) this case to state court because plaintiff does not have the right to remove it to this Court. Federal law permits a defendant — not a plaintiff — to remove an action to federal court under certain conditions. See 28 U.S.C. § 1441(a) and (c). Accordingly, this action is REMANDED to the Superior Court for the County of Alameda.
IT IS SO ORDERED.