Davis v. Rate

• Court: District Court, S.D. Illinois
• Decided: January 22, 2025
• Docket: 3:25-cv-00063
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

DENISE YVONNE DAVIS,

Plaintiff,

v. Case No. 3:25-CV-63-NJR

RATE, TYLER WILLIAMSON, MATHEUS ARA, EQUITY REALTY, LISA EVERSGERD, MARTHA APPRAISALS, ET CASSIA OHASHI, and CHRIS BROWN,

Defendants.

ORDER OF REMAND

ROSENSTENGEL, Chief Judge: Plaintiff Denise Yvonne Davis removed this case to federal court from the Circuit Court of St. Clair County, Illinois, alleging this Court has subject matter jurisdiction over the action under 28 U.S.C. § 1332. (Doc. 3). A plaintiff, however, is not permitted to remove her own case from state court to federal court. See 28 U.S.C. 1441(a) (“[A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants. . . .”) (emphasis added). “Courts have continually recognized that when a plaintiff submits [herself] to the jurisdiction of state courts, [s]he is not entitled to the right of removal, which is only conferred upon defendants.” De Cola v. Chaffins, No. 3:20-CV-00336 JD, 2020 WL 6439020, at *1 (N.D. Ind. May 7, 2020); see also Lawrence v. Sec’y of State, 467 F. App’x 523, 525 (7th Cir. 2012) (“[A] plaintiff cannot remove his own case.”). Accordingly, this case is sua sponte REMANDED to the Circuit Court of St. Clair County, Illinois. The Clerk of Court is DIRECTED to close this case. IT IS SO ORDERED. DATED: January 22, 2025 Tl g )

NANCY J. ROSENSTENGEL Chief U.S. District Judge

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