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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DAMON NATHANIEL,

United States District Court

Plaintiff, Case No. 2:09-cv-12473

Magistrate Judge:

vs.

CITY OF DETROIT, a municipal corporation, Wayne County Circuit Court

DETROIT POLICE OFFICER BARBARA SIMON, Case No. 09-009427 NZ

Officially and Individually, Judge Isidore Torres

DETROIT POLICE DETECTIVE IRA TODD,

Officially and Individually,

DETROIT POLICE LIEUTENANT HAROLD ROCHON,

Officially and Individually,

Defendants.

 

DAVID A. ROBINSON (P38754)

THEOPHILUS E. CLEMONS (P47991)

Attorneys for Plaintiff

ROBINSON and ASSOCIATES, P.C.

28145 Greenfield Road, Suite 100

Southfield, MI 48076

(248) 423-7234

JANE KENT MILLS (P38251)

Attorney for Defendants

CITY OF DETROIT LAW

DEPARTMENT

660 Woodward Avenue - Suite 1650

Detroit, MI 48226

(313) 237-5060

 

 

NOTICE OF REMOVAL

OF CIVIL ACTION

The Defendant City of Detroit hereby removes this civil action to this Court pursuant to 28

U.S.C. Sec. 1441 and states that:

1. This action was commenced on April 21, 2009, in the Circuit Court for the Third

Judicial Circuit of Michigan. 

2. Defendant City of Detroit was served on June 7, 2009

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3. The Defendant,City of Detroit, represented by the undersigned attorney removes this

action.

4. The Plaintiff allegesin hisComplaint that he is a resident of Wayne County, Michigan.

5. This is a civil action in which the Plaintiff seeks monetary relief for the alleged

misconduct of the defendants which is alleged to have resulted in the deprivation of certain rights

protected by provisions of the United States Constitution. The Defendant, City of Detroit, removes

the action to this Court, invoking the Court’s federal question jurisdiction, because the Plaintiff bases

the action on the United States Constitution and on 42 U.S.C. Sec. 1983.

6. This Court has original jurisdiction of this civil action pursuant to 28 U.S.C. Sec.

 1331, and the action is removable to this Court pursuant to 28 U.S.C. Sec. 1441(a) and (b).

7. Copies of all pleadings served upon the Defendant are attached. The defendant has

received no orders in this action. 

8. This Notice is filed within thirty days after first receipt by any defendant of a copy

of the Complaint, which is the initial pleading setting forth the claim for relief upon which this action

is based.

9. The undersigned has prepared a written notice of the removal of this action,

addressed to counsel for the Plaintiff and to the clerk of the court from which this action is being

removed. Promptly after filing this Notice of Removal of Civil Action, the undersigned will cause

copies of that written notice to be filed with the clerk of the court from which this action is being

removed and mailed by first class mail to counsel for the Plaintiff.

\\\\

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WHEREFORE, the Defendant, City of Detroit, removes this action to this Court.

Respectfully submitted, 

 S/Jane Kent Mills 

Jane Kent Mills (P38251)

Attorney for Defendant

City of Detroit Law Department

660 Woodward Avenue, Suite 1650

 Detroit, MI 48226

(313) 237-5060

Millj@law.ci.detroit.mi.us

Dated: June 23, 2009

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CERTIFICATE OF SERVICE

I hereby certify that on June 23, 2009, I electronically filed the foregoing paper with the

Clerk of the Court using the ECF system which will send notification of such filing to the

following:

none

and hereby certify that I have mailed by United States Postal Service the paper to the following

non ECF participant(s):

DAVID A. ROBINSON (P38754)

THEOPHILUS E. CLEMONS (P47991)

ROBINSON and ASSOCIATES, P.C.

Attorneys for Plaintiff

28145 Greenfield Road, Suite 100

Southfield, MI 48076

/s/ Jane Kent Mills 

Jane Kent Mills (P-38251)

City of Detroit Law Department 

Attorney for Defendants

660 Woodward, Suite 1650

Detroit, MI 48226

(313) 237-5060

MillJ@law.ci.detroit.mi.us

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