Bey v. Brann

Background

Vicky Ware Bey, who was representing herself, filed a notice seeking to remove a case pending in New York Supreme Court, Kings County, to the U.S. District Court for the Southern District of New York. Bey had not paid the removal fees and had not submitted an application to proceed without paying fees. The court nevertheless addressed the notice because it determined that the attempted removal was improper.

Court’s analysis

Federal law generally allows a defendant in a state-court case to remove that case to federal district court when the federal court has original jurisdiction. The court held that Bey could not remove the case because she was the plaintiff in the state-court action. The removal statute limits removal to defendants.

The court also explained that a state case may be removed only to the federal district court covering the place where the state case is pending. Because the case was pending in Kings County, the Eastern District of New York—not the Southern District of New York—would have been the proper federal court for an authorized removal.

Disposition

Judge Laura Taylor Swain remanded the case under 28 U.S.C. § 1447(c) to New York Supreme Court, Kings County. The Clerk was directed to send that court a copy of the order and close the federal case, and all pending matters were terminated. The court certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees.