In the Matter of Arno Weber

• Court: District Court, D. Alaska
• Decided: February 4, 2025
• Docket: 3:24-cv-00277
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

In the Matter of Arno Weber, Case No. 3:24-cv-00277-SLG Petitioner, ORDER REMANDING CASE TO STATE COURT

On December 18, 2024, self-represented litigant Arno Weber filed a Notice of Removal and a civil cover sheet, and he paid the filing fee.1 Mr. Weber seeks to remove to the federal court protective proceedings originally filed in the Alaskan Superior Court, Third Judicial District at Anchorage.2 The Court takes judicial notice3 of In the Matter of: Weber, Arno Weber Case No. 3AN-24-02591PR,

concerning a guardianship proceeding concern Mr. Weber.4 The Petition for Appointment of a Guardian was filed in the state court on December 6, 2024, and a temporary guardian was appointed on December 19, 2024.5 A Notice of Removal of State Court Action to United States District Court was docketed in the state court

1 Dockets 1–3. 2 Docket 1. 3 Judicial notice is the “court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact.” Black’s Law Dictionary (12th ed. 2024); See also United States ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992) (“[W]e may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue”) (internal citations and quotation marks omitted.). 4 The docket records of the Alaska Trial Courts may be accessed online at https://courts.alaska.gov/main/search-cases.htm. 5 In the Matter of: Weber, Arno Weber, Case No. 3AN-24-02591PR, Docket Events. on January 14, 2025. A guardianship/conservatorship hearing is scheduled in state court on March 26, 2025.6 For the reasons explained below, this case has been improperly removed and must be remanded to the Superior Court.

DISCUSSION

Under 28 U.S.C. § 1441(a), a defendant may remove a civil action brought in a state court to a district court if the plaintiff could have originally filed the action in federal court.7 Because federal courts are courts of limited jurisdiction, courts construe the removal statute strictly and reject federal jurisdiction if there is any doubt as to the right of removal.8 Additionally, a case may only be removed to federal court by a defendant, so a removal petition filed by a plaintiff must be dismissed or remanded.9 Mr. Weber is the subject of the protective proceedings in the state court, not a defendant in the traditional sense. So, he may not remove the state court case

to a federal court. Moreover, even if Mr. Weber were considered a defendant in the state court proceedings, the lack of federal jurisdiction over guardianship matters would preclude removal to the federal court. Mr. Weber asserts the Court

6 Id. 7 28 U.S.C. § 1441(a). 8 Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786, 790 (9th Cir. 2018). See also Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992) (“Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance.”). 9 See 28 U.S.C. § 1441(a). Case No. 3:24-cv-00277-SLG, In the Matter of Arno Weber has federal question jurisdiction and diversity jurisdiction and involves a foreign national.10 However, guardianship proceedings are governed by state statutes, and a federal court must not interfere with the continuing jurisdiction of the state

courts over any protective proceedings.11 For these reasons, this case has been improperly removed to federal court and must be remanded to state court. IT IS THEREFORE ORDERED: 1. This case is REMANDED to the Superior Court for the State of Alaska, Third Judicial District at Anchorage. The Clerk shall mail a certified copy

of this order to the state court clerk. 2. All pending motions are DENIED as moot. 3. The Clerk shall issue a final judgment and close this case. DATED this 4th day of February, 2025, at Anchorage, Alaska.

/s/ Sharon L. Gleason SHARON L. GLEASON UNITED STATES DISTRICT JUDGE

10 Docket 1 at 1. 11 See Alaska Stat. § 22.10.020 (establishing the state superior court’s original jurisdiction in all civil and criminal matters, including protective and guardianship proceedings); Alaska Stat. § 13.26.406 (granting the state court exclusive jurisdiction over proceedings seeking the appointment of a conservator or other protective order, determining the need for such appointments, and managing the estate of the protected person). Case No. 3:24-cv-00277-SLG, In the Matter of Arno Weber