Runyan v. Bach
Docket: No. 05-36124
Court: Court of Appeals for the Ninth Circuit; April 23, 2007; Federal Appellate Court
John N. Bach appeals pro se from a district court order that granted attorney’s fees and costs to plaintiffs Cody Runyan and Galen Woelk under 28 U.S.C. § 1447(c). The appeal arises from Bach's improper removal of a state execution proceeding to federal court. The Ninth Circuit has jurisdiction under 28 U.S.C. § 1291 and reviews the matter for abuse of discretion. The court affirms the district court's decision, stating that there was no "objectively reasonable basis" for Bach's removal, referencing Martin v. Franklin Capital Corp. The court also rejects Bach's argument that the district court was required to use specific language in its order prior to the Supreme Court's ruling in Martin. The Ninth Circuit lacks jurisdiction to review the remand order, as it is based on § 1447(c), and a remand from federal to state court is not reviewable on appeal. Bach's additional arguments are deemed unpersuasive. The court’s disposition is not intended for publication and does not serve as precedent except as outlined by 9th Cir. R. 36-3.