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BARNETT v DUNN, et al., (EASTERN DIST. CALI) - 1 - NOTICE of REMOVAL - Gov.uscourts.caed.212414.1.0

BARNETT v DUNN, et al., (EASTERN DIST. CALI) - 1 - NOTICE of REMOVAL - Gov.uscourts.caed.212414.1.0

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Published by Jack Ryan
08/17/2010 1[RECAP] NOTICE of REMOVAL from Sacramento Superior Court, case number 34-2010-00077415. by U.S. Election Assistance Commission. (Attachments: # 1 Civil Cover Sheet)(Himel, Yoshinori) (Entered: 08/17/2010)
08/17/2010 1[RECAP] NOTICE of REMOVAL from Sacramento Superior Court, case number 34-2010-00077415. by U.S. Election Assistance Commission. (Attachments: # 1 Civil Cover Sheet)(Himel, Yoshinori) (Entered: 08/17/2010)

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Categories:Types, Research, Law
Published by: Jack Ryan on Aug 18, 2010
Copyright:Attribution Non-commercial

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03/26/2011

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UNITED STATES' NOTICE AND PETITION FOR REMOVAL OF CIVIL ACTION FROM STATE COURT
Page 1BENJAMIN B. WAGNERUnited States AttorneyYOSHINORI H. T. HIMEL #66194Assistant U. S. Attorney501 I Street, Suite 10-100Sacramento, California 95814Telephone: (916) 554-2760Attorneys for Federal Defendant, the U.S. ELECTION ASSISTANCE COMMISSIONIN THE UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT OF CALIFORNIAPAMELA BARNETT,Plaintiff,v.DAMON JERRELL DUNN, etc., etal.,Defendants.No.
UNITED STATES' NOTICE ANDPETITION FOR REMOVAL OF CIVILACTION FROM STATE COURTState Court Number: 34-2010-00077415
TO:THE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT OF CALIFORNIA, AND COUNSEL OF RECORD:PLEASE TAKE NOTICE that the United States of America, through itsundersigned counsel, removes the civil action reflected in the attached pleading from thecourt of the State of California where it was pending, and respectfully represents asfollows:1. Removal is jurisdictionally proper under 28 U.S.C. § 1442(a)(1), becauseFederal Defendant U.S. ELECTION ASSISTANCE COMMISSION is an agency of theUnited States.
Case 2:10-cv-02216-FCD-DAD Document 1 Filed 08/17/10 Page 1 of 134
 
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UNITED STATES' NOTICE AND PETITION FOR REMOVAL OF CIVIL ACTION FROM STATE COURT
Page 22. This removal is timely because the United States first received the complaint,by service or otherwise, on or after July 19, 2010, and this removal followed within thirtydays afterward.3. A copy of the pleadings received by the United States is attached hereto.4. The United States is requesting from the state court a copy of that court'spleading file, for filing under 28 U.S.C. § 1447(b) with this Court's Clerk upon receiptfrom that court.WHEREFORE, the United States prays that the captioned action, formerlypending in a court of the State of California, proceed in This Honorable Court, and thatthe proceedings be governed by the applicable federal rules and statutes.Dated: August 17, 2010BENJAMIN B. WAGNERUnited States AttorneyBy:
/s/ Y Himel
YOSHINORI H. T. HIMELAssistant U. S. Attorney
Case 2:10-cv-02216-FCD-DAD Document 1 Filed 08/17/10 Page 2 of 134
 
Case 2:10-cv-02216-FCD-DAD Document 1 Filed 08/17/10 Page 3 of 134

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GeorgetownJD added this note
Well, hasn't this little detour to federal court been fun? Now that the Federal Election Assistance Commission will be dismissed on the basis of sovereign immunity, the case will be remanded to state court and the lawsuit can pick up right where it left off last August -- with motions to dismiss the remaining defendants.
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