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Trent C. Howard v. Catholic Medical Center

February 27, 2012

TRENT C. HOWARD
v.
CATHOLIC MEDICAL CENTER



The opinion of the court was delivered by: Joseph N. Laplante United States District Judge

ORDER

The case is dismissed. As the case was not yet filed in state court at the time of the attempted removal, it is not "pending" there. 28 U.S.C. § 1441(a) (limiting removal to "pending" civil actions "brought in a State court"). "It is axiomatic that a case cannot be removed before its inception." Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876, 885 (9th Cir. 2010); see also 14C Charles Alan Wright et. al, Federal Practice & Procedure § 3731, at 516-17 (4th ed. 2009) ("if no claim has been filed, no action is pending, so removal is premature and will be rejected") (footnote omitted). The clerk shall close the case.

SO ORDERED.

cc:

20120227

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