Opinion
2:21-cv-19
01-15-2020
KEITH LAMONT BURLEY, JR., Plaintiff, v. JOASHUA D. LAMANCUSA, et al., Defendants.
REPORT AND RECOMMENDATION
PATRICIA L. DODGE, UNITED STATES MAGISTRATE JUDGE.
I. Recommendation
Plaintiff, Keith Lamont Burley, Jr., is a state prisoner who is currently housed at SCI Forest. It is respectfully recommended that the Court deny his “Request for Removal” (ECF No. 1) and dismiss this federal case.
II. Report
Plaintiff commenced a civil action on July 20, 2020 in the Court of Common Pleas of Lawrence County at Civil Action No. 10476-2020 by filing a complaint against Joshua D. Lamancusa, who is a member of the Lawrence County Prison Board. That court granted Plaintiff leave to proceed in forma pauperis and on October 20, 2020 he filed an amended complaint in which he added as defendants other Board members (Judge Dominick Motto, Perry Qualiero, Gettings, Daniel Vogler, Morgan Boyd, and Loretta Spielvogel). See ECF No. 1 and attachments thereto.
On or around January 7, 2020 Plaintiff submitted to this Court a “Request for Removal.” ECF No. 1. He requests that this Court “remove Case No. 10476-20 from the state court to” this Court. Id. at 3.
This Court should deny Plaintiff's Request because he cannot remove his civil action from state to federal court. Removal of civil actions is governed by 28 U.S.C. §§ 1441, 1443 and 1446. These statutes provide that only state-court defendants can remove cases to federal court. 14C CHARLES ALAN WRIGHT & ARTHUR R. MILLER, ET AL., FEDERAL PRACTICE AND PROCEDURE § 3730, Procedural for Removal-Who May Seek Removal (4th ed.), Westlaw (database updated Oct. 2020); see, e.g., Conner v. Salzinger, 457 F.2d 1241, 1242-43 (3d Cir. 1972); Smalis v. City of Pittsburgh, No. 19-cv-0166, 2019 WL 9093551, at *2 (W.D. Pa. Nov. 1, 2019) (“a plaintiff cannot remove an action to federal court.”), report and recommendation adopted by, 2020 WL 3316921 (W.D. Pa. June 18, 2020).
III. Conclusion
Because Plaintiff cannot remove his civil action from state to federal court, it is respectfully recommended that the Court deny his “Request for Removal” (ECF No. 1) and dismiss this federal case.
Pursuant to the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Civil Rules, Plaintiff is allowed fourteen (14) days from the date of this Order to file objections to this Report and Recommendation. Failure to do so will waive the right to appeal. Brightwell v. Lehman, 637 F.3d 187, 193 n.7 (3d Cir. 2011).