Cooper v. City of Plano Texas, et al, No. 06-11408 (5th Cir. 2007)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 21, 2007 No. 06-11408 Summary Calendar Charles R. Fulbruge III Clerk JAY SANDON COOPER Plaintiff-Appellant v. CITY OF PLANO, TEXAS; THOMAS H MUEHLENBECK, City Manager; CITY OF PLANO PLANNING AND ZONING COMMISSION; CITY OF PLANO CITY COUNCIL; CYNTHIA O BANNER; ROXANNE LUNA; MACKLIN WRIGHT; CITY OF PLANO PROPERTY STANDARDS DEPARTMENT Defendants-Appellees Appeal from the United States District Court for the Northern District of Texas USDC No. 3:06-CV-2065 Before GARWOOD, GARZA and OWEN, Circuit Judges. PER CURIAM:* Jan Sandon Cooper appeals the district court s remand order. The district court remanded because neither 28 U.S.C. § 1441 nor 42 U.S.C. § 1443 authorizes removal of a case to federal court by a plaintiff. A plaintiff may not * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 06-11408 remove an action from state court to federal district court. 28 U.S.C. § 1441(a); see also McKenzie v. United States, 678 F.2d 571, 574 (5th Cir. 1982) (citing § 1441(a); Chicago, Rock Island & Peoria Railroad Co. v. Stude, 346 U.S. 574, 580 (1954); and Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108 (1941).1 AFFIRMED. 1 See also Wright, Miller & Cooper, 14C, Federal Practice and Procedure: Jurisdiction 3d § 3731 at 251 ( The question of which parties may exercise the statutory right of removal has been answered by Congress. Section 1446(a) of Title 28 authorizes removal only by the state court defendants . . . ). 2

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