Yigal Bosch v. City of Houston

Case: 12-20491 Document: 00512300434 Page: 1 Date Filed: 07/09/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 9, 2013 No. 12-20491 Summary Calendar Lyle W. Cayce Clerk YIGAL BOSCH, Plaintiff-Appellant v. CITY OF HOUSTON, Defendant-Appellee Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CV-304 Before WIENER, ELROD, and GRAVES, Circuit Judges. PER CURIAM:* Yigal Bosch challenges the district court’s dismissal of his petition for removal of his state court action. Because the removal statutes provide that only a defendant may remove a state action to federal court, the district court did not err in determining that removal by Bosch was improper. See 28 U.S.C. §§ 1441(a), 1443(1), 1446(a); McKenzie v. United States, 678 F.2d 571, 574 (5th Cir. 1982). AFFIRMED. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.