Opinion
Case No. 17-cv-1314
06-12-2018
SIX CROSS OIL CORPORATION, for itself and derivatively on behalf of PRAIRIE GAS OPERATING, LLC Plaintiff, v. IAN ACREY, SEAN ACREY, CANADIAN RIVER TRADING CO., and PRAIRIE GAS CO., LLC, Defendants, and PRAIRIE GAS OPERATING, LLC, Nominal Defendant.
MEMORANDUM AND ORDER
Plaintiff Six Cross Oil Corporation ("Six Cross") brings this matter before the Court on its motion for an order directing the clerk of the Hamilton County District Court to release the cash bond it placed as security for a temporary restraining order entered in the state court case prior to removal to this Court. In their response, Defendants oppose Plaintiff's request and invite this Court instead to order the clerk of the Hamilton County District Court to transfer to the clerk of this Court all funds deposited by Plaintiff as the bond and security for the temporary restraining order. This Court does not have jurisdiction to order the Hamilton County District Court to take the action requested by either party. Accordingly, the Court denies Six Cross's Motion for Order Directing the Clerk of the Hamilton County District Court to Release Cash Bond to Plaintiff (Doc. 32), as well as Defendants' alternative proposal.
IT IS THEREFORE ORDERED that Six Cross Oil Corporation's Motion for Order Directing the Clerk of the Hamilton County, Kansas District Court to Release Cash Bond to Plaintiff (Doc. 32) is DENIED.
IT IS SO ORDERED.
Dated this 12th day of June, 2018.
/s/
ERIC F. MELGREN
UNITED STATES DISTRICT JUDGE
See Spalsbury v. Sisson, 250 F. App'x 238, 248 (10th Cir. 2007) ("Federal courts have no authority to 'direct state courts or their judicial officers in the performance of their duties.' ") (quoting Van Sickle v. Holloway, 791 F.2d 1431, 1436 n. 5 (10th Cir. 1986)).