Sam v. BancFirst

W.D. Oklahoma

Sam v. BancFirst

DecidedMay 24, 2023

Docket5:23-cv-00452

StatusUnknown

This text of Sam v. BancFirst (Sam v. BancFirst) is published on Counsel Stack Legal Research, covering District Court, W.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sam v. BancFirst, (W.D. Okla. 2023).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

ELLIJAH SAM, ) ) Plaintiff, ) ) v. ) No. CIV-23-452-R ) BANC FIRST, ) ) Defendant. )

ORDER

Plaintiff, proceeding pro se, initiated this action on May 22, 2023 by filing a Complaint [Doc. No. 1] which represents that this Court has federal question jurisdiction over the claims. However, Plaintiff’s Civil Cover Sheet [Doc. No. 1-1] and Motion to Remove Case File from Oklahoma County District Court and Transfer Copies to Oklahoma United States District Court Western District of Oklahoma [Doc. No. 3] plainly indicate that he is attempting to remove this matter from Oklahoma County District Court, case number SC-2023-8373. Where, as here, a plaintiff commences a civil action in state court, he is not entitled to remove that action to federal court. See Hamburg v. Goshen Co. Atty., 5 F.3d 546 (10th Cir. 1993)(unpublished); Lewis v. Saunders, No. CIV.A. 02-2139-CM, 2002 WL 1461979, at *1 (D. Kan. June 26, 2002); 28 U.S.C. § 1441 (providing that civil actions “may be removed by the defendant or the defendants”). Accordingly, this case is REMANDED to the District Court of Oklahoma County. All pending motions are denied as moot. IT IS SO ORDERED this 24" day of May, 2023.

DAVID L. RUSSELL UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

ELLIJAH SAM, ) ) Plaintiff, ) ) v. ) No. CIV-23-452-R ) BANC FIRST, ) ) Defendant. )

ORDER

Plaintiff, proceeding pro se, initiated this action on May 22, 2023 by filing a Complaint [Doc. No. 1] which represents that this Court has federal question jurisdiction over the claims. However, Plaintiff’s Civil Cover Sheet [Doc. No. 1-1] and Motion to Remove Case File from Oklahoma County District Court and Transfer Copies to Oklahoma United States District Court Western District of Oklahoma [Doc. No. 3] plainly indicate that he is attempting to remove this matter from Oklahoma County District Court, case number SC-2023-8373. Where, as here, a plaintiff commences a civil action in state court, he is not entitled to remove that action to federal court. See Hamburg v. Goshen Co. Atty., 5 F.3d 546 (10th Cir. 1993)(unpublished); Lewis v. Saunders, No. CIV.A. 02-2139-CM, 2002 WL 1461979, at *1 (D. Kan. June 26, 2002); 28 U.S.C. § 1441 (providing that civil actions “may be removed by the defendant or the defendants”). Accordingly, this case is REMANDED to the District Court of Oklahoma County. All pending motions are denied as moot. IT IS SO ORDERED this 24" day of May, 2023.

DAVID L. RUSSELL UNITED STATES DISTRICT JUDGE

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