Opinion
08-CV-6335L.
September 3, 2008
DECISION AND ORDER
John Daniels, the petitioner in this action for a writ of habeas corpus under 28 U.S.C. § 2254, has filed a motion seeking to remove to this Court an action that he has filed, or attempted to file, in state court. Daniels contends that the Court has authority under 28 U.S.C. § 1441 to remove the state court action, because "the facts of [the state court action] has [sic] a direct bearing" on his habeas corpus action in this Court.
Daniels alleges that the state court "refuses to file and answer" that action, so it is not clear if it actually has been filed.
Section 1441 confers no such authority on the Court, however. That section provides that the defendant in a state court action may remove the action to federal court, under certain circumstances. The law is clear, however, that a plaintiff cannot remove his own action from state to federal court. Hamilton v. Aetna Life and Cas. Co., 5 F.3d 642, 643 (2d Cir. 1993); Duverger v. C C Duplicators, Inc., No. 08-CV-0721, 2008 WL 1734232, at *1 (E.D.N.Y. Apr. 10, 2008). The motion is therefore denied.
CONCLUSION
Petitioner's motion to remove (Dkt. #4) is denied.
IT IS SO ORDERED.