Matter of Bayati

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a defendant did not need to procure another defendant’s consent for removal because “[b]y its terms, § 1446(b)(2)(A) does not impose any requirements on defendants who were not properly served.”
• explaining that, regardless of the applicability of § 1915(e), courts must still screen claims brought a by prisoner against an employee of a governmental entity pursuant to § 1915A
• applying § 1915A(b)(1) to prisoner civil rights action removed from state court
• “Section 1446(b)(2)(A) requires all defendants who have been properly joined and served to join in or consent to the removal of the action.” (cleaned up)
• “If a defendant is never properly served, the thirty-day limit for filing a notice of removal does not commence to run.”
• “If a defendant is never properly served, the thirty-day limit for filing a notice of removal does not commence to run.”

Source: CourtListener parenthetical corpus (CC0).