State of Oregon v. Brown
Filing
12
ORDER: Plaintiff's Motion to Remand Case to State Court 6 is granted. Defendant's Motion to Dismiss 5 is denied as moot; this action is remanded to the Circuit Court of the State of Oregon for Deschutes County. Signed on 1/14/09 by U.S. District Judge Michael R. Hogan. (sln)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON STATE OF OREGON, Plaintiff, v. MICHAEL T. BROWN, Defendant. Defendant filed a document entitled "NOTICE OF REMOVAL OF CRIMINAL ACTION UNDER 28 U.S.C. §§ 1331, 1446." Exhibit 3 to the Case No. 08-6378-HO ORDER
notice of removal appears to be a copy of an indictment filed in the Circuit Court of the State of Oregon for Deschutes County in the case of State of Oregon v. Brown, 07FE1415AB. ex. 1 at 1. See also Pl's
Defendant filed a motion to dismiss and plaintiff Defendant's
filed a motion for summary remand to state court.
motion asks the court to dismiss the State of Oregon's "Complaint" for lack of jurisdiction and failure to state a claim upon which relief may be granted.
The notice of removal does not state sufficient grounds to permit removal of the criminal action against defendant. Defendant relies on 18 U.S.C. § 242, 28 U.S.C. §§ 117, 1331, 1367(a), 1391, 1441(a) & (b), 1446, LR 3 and LR 4(a)(2). Defendant's authority does not authorize removal of a state court criminal action to this court. Nor does defendant allege facts
entitling him to remove the criminal action. Conclusion Based on the foregoing, plaintiff's motion for remand [#6] is granted; defendant's motion to dismiss [#5] is denied as moot; this action is remanded to the Circuit Court of the State of Oregon for Deschutes County. SO ORDERED. DATED this 14th day of January, 2009.
s/ Michael R. Hogan United States District Judge
2 - ORDER
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