1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 ANTHONY MARCUS ALAIMO, Case No. 21-cv-06329-NC 11 Plaintiff, ORDER TO SHOW CAUSE 12 WHY CASE SHOULD NOT BE v. REMANDED 13 STEVEN M. MILLER, Re: ECF 1 14 Defendant. 15 16 17 Plaintiff Anthony Marcus Alaimo removed this case from Santa Clara County 18 Superior Court on August 17, 2021. ECF 1. In his removal notice, Alaimo alleges that 19 removal is proper under

(a). See

. Section 1446(a) does govern 20 removal of civil actions, however, it only allows “a defendant or defendants” the ability to 21 remove a case from state to federal court. As the party who chose the original forum, a 22 plaintiff does not get to change their mind and remove a case to federal court later. See 23 Home Depot U.S.A., Inc. v. Jackson,

(2019). Alaimo does title 24 himself as “Defendant” in his introduction, but everywhere else in the complaint, he refers 25 to himself as “Plaintiff.” ECF 1 at 1, 3; ECF 1-1 at 1. As the person who filed the original 26 complaint, and who chose the original forum, Alaimo does not have the authority to 27 remove this case to federal court. See Home Depot

. 1 Accordingly, the Court ORDERS Alaimo to show cause in writing why this case 2 || should not be remanded by September 23, 2021. 3 4 IT IS SO ORDERED. 5 6 || Dated: August 23, 2021 —<———~_ _ NATHANAEL M. COUSINS 7 United States Magistrate Judge 8 9 10 11 12

13

14

15

16

o 17

1g

19 20 21 22 23 24 25 26 27 28