Anthony Sharp v. Joseph Bick

FILED NOT FOR PUBLICATION SEP 01 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ANTHONY ANDRE SHARP, No. 08-16648

Petitioner - Appellant, D.C. No. 2:08-CV-00443-GEB v.

MEMORANDUM * JOSEPH A. BICK,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California

Garland E. Burrell, District Judge, Presiding Submitted August 10, 2010 **

Before: LEAVY, HAWKINS, and IKUTA, Circuit Judges.

Anthony Andre Sharp appeals pro se the dismissal of his petition for removal of a California state court action to federal court. We have jurisdiction

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. under 28 U.S.C. § 1291, and we affirm.1

Sharp contends the district court erred by denying his petition for removal because the state court and state officials are violating his constitutional rights. We affirm the district court’s conclusion that, as the plaintiff in the underlying state court action, Sharp cannot remove the case to federal court. See 28 U.S.C. § 1446(a); see also American Int’l Underwriters, (Philippines), Inc. v. Continental Ins. Co., 843 F.2d 1253, 1260 (9th Cir. 1988) (“The right to remove a state court case to federal court is clearly limited to defendants.”).

All pending motions are denied.

AFFIRMED.