Opinion
Civil Action No. 11-cv-01552-BNB
08-16-2011
CHARLES FRANKLIN JONES, JR., Plaintiff, v. THOMAS W. BEAN FOUNDATION, VERNE HARRIS, THERESA EFFERSON, MAPLE ROSS, ADAM DOE, PUBLIC REALTY, DENVER COUNTY COURT, LARRY L. BOHNING, in his official and personal capacity, JANE DOE, in her official capacity, SUZANNE RAZOOK, in her official capacity, Defendants.
(Removal from County Court, City and County of Denver, Colorado, Case No: 11C00872)
ORDER FOR SUMMARY REMAND
Plaintiff, Charles Franklin Jones, Jr., has filed pro se a document titled "Notice of Removal Pursuant to 28 Sect. 1441." He has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The Court must construe Mr. Jones' filings liberally because he is representing himself. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not be the pro se litigant's advocate. Hall, 935 F.2d at 1110. For the reason stated below, this action will be remanded summarily to the Denver County Court.
The Court has reviewed the Notice of Removal and finds that it is deficient. Mr. Jones seeks to remove to this Court Case Nos. 11C00872 and 11C59875, two civil actions filed by Mr. Jones in the Denver County Court. Only a defendant in a state court action may remove an action from state court to the federal district court. See 28 U.S.C. § 1446(a). Therefore, this action will be remanded summarily to the County Court, City and County of Denver. Accordingly, it is
ORDERED that this action is remanded summarily to the County Court, City and County of Denver. It is
FURTHER ORDERED that the clerk of this Court shall mail a certified copy of this order to the clerk of the County Court, City and County of Denver.
DATED at Denver, Colorado, this 16th day of August, 2011.
BY THE COURT:
LEWIS T. BABCOCK, Senior Judge
United States District Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-01552-BNB Charles Franklin Jones, Jr.
1751 Norfolk St #B
Aurora, CO 80011
Clerk of the County Court - CERTIFIED
Civil Division Clerk's Office
1437 Bannock Street, Room 135
Denver, CO 80202
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on August 16, 2011.
GREGORY C. LANGHAM, CLERK
By: __________
Deputy Clerk