Rebel Randall, Plaintiff-appellant, v. Columbia Pictures Entertainment, Inc.; Screen Actors Guild,inc.; American Federation of Radio & Televisionartists; Alfred Sterns Productions,defendants-appellees, 50 F.3d 15 (9th Cir. 1995)Annotate this Case
Submitted March 7, 1995. *Decided March 9, 1995
Before: SNEED, POOLE and BRUNETTI, Circuit Judges.
Rebel Randall appeals pro se the district court's dismissal of her action for lack of prosecution. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.
On appeal, Randall appears to contend that the district court lacked jurisdiction to dismiss her action because defendants filed a notice of removal with the district court beyond the time limit required by 28 U.S.C. § 1446(b). This contention lacks merit.
Section 1446(b) requires a petition for removal of a civil action to be filed in district court within thirty days after the receipt of service by defendants. 28 U.S.C. § 1446(b). The statutory time limitation for removal petitions, however, is merely a formal requirement and is not jurisdictional. Fristoe v. Reynolds Metals Co., 615 F.2d 1209, 1212 (9th Cir. 1980).
Here, defendants were served on April 2, 1993, and filed a notice of removal in district court on April 30, 1993. Therefore, defendants timely removed the action to district court.