Judges: Per Curiam
Filed: Mar. 10, 2009
Latest Update: Mar. 02, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 4, 2009* Decided March 10, 2009 Before JOHN L. COFFEY, Circuit Judge JOEL M. FLAUM, Circuit Judge DANIEL A. MANION, Circuit Judge No. 08-1698 QUINSHELA TURNER, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 08 C 835 JACKSON PARK HOSPI
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 4, 2009* Decided March 10, 2009 Before JOHN L. COFFEY, Circuit Judge JOEL M. FLAUM, Circuit Judge DANIEL A. MANION, Circuit Judge No. 08-1698 QUINSHELA TURNER, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 08 C 835 JACKSON PARK HOSPIT..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted February 4, 2009*
Decided March 10, 2009
Before
JOHN L. COFFEY, Circuit Judge
JOEL M. FLAUM, Circuit Judge
DANIEL A. MANION, Circuit Judge
No. 08‐1698
QUINSHELA TURNER, Appeal from the United States District
Plaintiff‐Appellant, Court for the Northern District of Illinois,
Eastern Division.
v.
No. 08 C 835
JACKSON PARK HOSPITAL, et. al,
Defendants‐Appellees. James B. Zagel,
Judge.
*
After examining the briefs and the record, we have concluded that oral argument is
unnecessary. Thus, the appeal is submitted on the briefs and the record. See FED. R. APP. P.
34(a)(2).
No. 08‐1698 Page 2
O R D E R
Quinshela Turner filed a medical malpractice (“malpractice”) lawsuit in state court
and then “removed” the litigation to federal district court. The district court dismissed the
federal action for lack of subject‐matter jurisdiction, and we affirm the dismissal.
Turner previously filed a malpractice suit in federal court against the same
defendants, and we affirmed the dismissal of that suit for lack of subject‐matter jurisdiction.
See Turner v. Jackson Park Hosp., 264 Fed. App’x 527 (7th Cir. 2008) (unpublished order).
Meanwhile, Turner was proceeding with a parallel lawsuit in the Circuit Court of Cook
County, Illinois. Faced with these adverse rulings, she filed appeals with the federal district
court as well as the state appellate court in a document entitled “Removal for Cause,”
arguing that the five judges involved in the case were at one time conspiratorially joined
with the defendants in attempting to defeat her cause of action thus prejudicing her case.
The district court explained to Turner that she as the plaintiff does not have the authority to
remove the suit she filed from state court and dismissed the case for lack of subject‐matter
jurisdiction. Turner moved for reconsideration, and the district court denied the motion
with the further explanation that she must address her complaints about the state judges’
handling of her case in state court under state law.
Turner appeals the dismissal. Although an order remanding a removed case to state
court would not be reviewable on appeal, see 28 U.S.C. § 1447(d), here the district court
dismissed rather than remanded the matter, so the court’s order is final and appealable,
see Cook v. Weber, 698 F.2d 907, 908 (7th Cir. 1983); 14C CHARLES ALAN WRIGHT, ARTHUR R.
MILLER & EDWARD H. COOPER, FEDERAL PRACTICE AND PROCEDURE § 3740, at 521 (3d ed.
1998).
A plaintiff cannot “remove” a state lawsuit to federal court; only a defendant has the
right to remove. See 28 U.S.C. §§ 1441, 1443, 1446; Chi., R.I. & P.R. Co. v. Stude, 346 U.S. 574,
580 (1954); Shamrock & Gas Corp. v. Sheets, 313 U.S. 100, 108 (1941); WRIGHT, MILLER &
COOPER, supra, § 3731, at 250‐53 & nn.1, 3. And as we explained in Turner’s previous
appeal, her lawsuit against these defendants is outside the jurisdiction of the federal courts.
See Turner, 264 Fed. App’x at 529‐30. One might argue that the district court should have
remanded the case to state court, see 28 U.S.C. § 1447(c), but because the state court had
already stricken Turner’s complaint before she attempted to “remove” the case, we agree
that there is no reason to order a remand.
AFFIRMED.