United States District Court, D. New Hampshire
Weston J. Stow
Robert McGrath et al.
J. Stow, pro se
REPORT AND RECOMMENDATION
K. JOHNSTONE UNITED STATES MAGISTRATE JUDGE
Stow has filed motions and other documents in this court,
seeking to enjoin and stay proceedings in a New Hampshire
Superior Court case. Those motions include:
• Motion to Stay State Proceedings (Doc. No. 2);
• Motion for Prohibitive Preliminary Injunction (Doc.
• Motion for Removal from State Court (Doc. No. 6);
• Motions to Addend Motion for Prohibitive Preliminary
Injunction (Doc. Nos. 7, 10-12, 15, 22);
• Motion to Present for the Court's Consideration a
Possible Course of Action (Doc. No. 13);
• Motions to Addend, Amend, and/or Supplement Motion for
Removal from State Court (Doc. Nos. 17, 21, 26, 28-31, 36);
• Motion to Correct Omission in Motion for Prohibitive
Preliminary Injunction (Doc. No. 24).
Removal of Superior Court Case to this Court
seeks to remove his Superior Court case, Stow v. McGrath, No.
217-2016-cv-00540 (N.H. Super., Merrimack Cnty.) ("State
Case"), in which he is the plaintiff, to this court,
pursuant to 28 U.S.C. § 1441. However, it is a
"general and well-established principle - and limit on
federal jurisdiction -that as to a case brought in state
court, only a defendant has the power of removal." Fed.
Home Loan Mortg. Corp. v. Litano, No. 15-cv-10019-MAP, 2015
WL 3632334, at *4, 2015 U.S. Dist. LEXIS 71066, at *7 (D.
Mass. Mar. 30, 2015), R&R adopted, 2015 WL 3632334, at
*2, 2015 U.S. Dist. LEXIS 71067, at *4 (D. Mass. June 1,
2015); see also Shamrock Oil & Gas Corp. v. Sheets, 313
U.S. 100, 106 (1941).
Shamrock Oil & Gas Corp., 313 U.S. at 105, Stow argues
that this court should except this case from the rule that
state court plaintiffs may not remove state court cases to
federal court, citing the fact that between 1875 and 1887,
the removal statute allowed any party to remove a state case
to federal court. The removal statute, however, has not
included such a provision since 1887, when Congress revised
that statute to allow removal only by the defendant. See
Id. at 106-07. Accordingly, as the plaintiff in the