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Listing search results for remand


And then you see it's remanded to federal court,

the district court's decree, we reverse in part and remand to the court of appeals for

you on bond, or remand you to the jail.

Or the order must state whether he binds you over for trial. He releases you on bail, remands you to the court, or finds no probable cause and releases you from the charges.

We reverse and remand. If he abused his discretion to the point that it required a reverse and remand, he failed to properly apply the law to the facts.

and so the Minnesota Supreme Court reversed and remanded pretty much

It says to arrest you and remand you to the city jail.

If he finds probable cause, then he's to issue an order under 16.17 stating whether he's released you at your liberty, bound you to the court, or remanded you to the jail, or released you on bail, and he's to create a warrant under 1620, and then he's to seal all those documents up and forward them to the clerk of the court of jurisdiction.

remanded to the jail, or released on bail.

and or creditor needs to show this, so the case got remanded back to the lower court,

They are the people who will overrule him, overturn him, or remand the case back to him

Then you turn to the bailiff and say bailiff I hereby remand the prisoner to your custody

The problem is is that the one whose custody you're going to remand them in is going to do his dead level best to interfere with that arrest

Yeah, the judge could remand him to the custody to jail immediately if that was the necessity of it,

Now it's likely the federal judge is not going to remand it back to the state court anyway because they're so corrupt

Therefore, I hereby remand this copy to the court for the purpose of delivery

Bailiff, I hereby remand the prisoner to your custody.

That means he can only remand it back to the state.

That means his only option was to remand it back to the state courts because that was the original court of filing

But according to law he was required to remand it back to the state court

Ordering the lower court to remand the case back to the state courts

He has to remand-

He can only remand it back to the state court.

ordering the lower court to remand the case back to the state court.

So it's not moot to me, the original case, about remanding it back to the state.

They can only remand you to the sheriff.

penal code because everything in here that you're being remanded to jail for

And that's why in this particular instance, the judge, the only thing he could do is remand

lack of subject matter jurisdiction, which they cannot do. They can only remand it back

as I need to take it to get this case remanded back to the state court so it can be adjudicated

court systems do. And that's why I have every intention of getting this case remanded back

All right. So Randy, when we go to file these motions to get the case remanded back to state

Well, the only thing that he could have done according to law at that point is remand the

to remand the case back to the state, criminal charges against the judge, sanctions against

Federal Court of Texas to remand our case back to the state.

There is nowhere in the law that I can find that allows a judge to remand you to a municipal jail.

They can't remand you back to the original court because the original court won't have jurisdiction because an arraignment has still not been held.

court can do only two things at this point, identify you and remand you to the county

original court can't get jurisdiction because they were told by the law to remand you to

handed down in the district court, the district court shall then remand the charge to the

Well you petition the court for summary dismissal as opposed to reverse and remand and depending

We're just asking them to remand the case to the state court

then how can a justice or municipal court remand you to jail for failure to pay bail when the offense itself is not jailable?

to order, asking them to order the lower courts to remand our case back to the state

then the only thing he can do according to law is remand the case back to the state.

which clearly shows that the case has to be remanded to the state.

We need your prayers for the Fifth Circuit to order the lower court to remand the case back to the state

And we need to pray that our case gets remanded back to the state.

the requirement that you be remanded to a county court of record or a statutory county

remanded back to a justice or municipal court for the purpose of an arraignment? Now, those

and he said, a bail, $105,000, remanded to custody, and he chuckled, good luck with that.

And that is to place him under citizen's arrest and then remand him to the custody of the bailiff.

Okay. She couldn't remand it to the Supreme Court.

but they throw it out because they can't remand it to a different court because it was not

What I want is until the appellate court has rendered a decision, either remanding and

his only option was to remand the case back to the state.

we were asking the Fifth Circuit to order the lower federal court to remand our case back to the state,

removal and remand it to the state court within three days.

Someone had to file either an injunctive order or a court order remanding your

and he should have remanded it back to state court, that Barry Shermer here in St. Louis.

Remand it back and tell the judge they're an idiot.

they have no choice but to reverse the judgment and remand it back to the trial court,

has no subject matter jurisdiction and demand that the federal judge remand the case back to the state.

it would be remanded to a federal court.

then the proper response is to remand the case back to the state.

and ask the court to rescind your signature and remand this case for trial.

Well, I moved to remand.

I moved to remand for lack of subject matter jurisdiction,

the court must remand.

Don't wait for the outcome of the motion to remand.

Caleb, I remand the prisoner to your custody. Do your job.

remand, which they never seem to do. They just dismissed out of hand. But if it was under

was released at their liberty, remanded to the jail, or released on bail, and whether

The federal court gets it, looks at it, and says, you have absolutely no grounds for removal, and remands it within three days.

remand it back to get it re-heard because of say lack of evidence, and the way the hearing

Yes. And Terry Means tried to remand the case back down to the state and wouldn't accept the non-payment of fees. However, the appellate court gave me direct access to their court and has put my case on docket.

Okay, wait a minute. You're not telling us what the decision was. Did they remand?

They did not remand the case back down to the state and all.

If an appeal bond is not timely, the appellate court does not have jurisdiction over the case, and shall remand the case to the justice or municipal court for execution of the sentence.

Did you file a motion to remand?

I take it you filed a motion to remand and they filed a response to your motion to remand.

The rules on removal and remand 41 through 43, you need to pull those down annotate it.

And I noticed in all of the lawsuits that the judge does not ignore are those that cannot throw out of court or remand to a state court or the FDCPA.

Well, I moved to remand the state court for lack of subject matter jurisdiction

And the court ruled on the remand

So it has to be remanded if the court

remand

And, okay, the judge, did you move to remand after it was removed to the federal court?

Okay, and did the judge hear your motion to remand?

then they most certainly are violating my right to be free from unlawful seizure because the moment trial was over, they remanded me to custody of the chief of police and ordered me locked up in jail.

But that tells me that if the district judge doesn't get it, he's not going to feel too bad. Now, this is just my assumption. If the district judge doesn't want to sign off on this thing and it goes to the appeals court, it'll be remanded back to him.

Case got remanded back to the lower court because the debt collector never proved the case.

remanding it for other information, new trial, whatever.

18 post-petition remand motions, nine memoranda, nine objections, eight appeal notices, 15 assignments of error,

Well, we put in a motion to remand on the ground that they weren't a diverse when they filed for foreclosure. They can't go claim diversity now.

Right, and I said county. It will almost certainly get remanded.

And then I filed for remand and opposition to motion.

It got remanded to the state court that was doing the injury at probate court.

So, the federal court remanded the case, and last Friday, there was a hearing.

Now, the federal court can remand, but you can certainly remove, and it stops once this hearing is coming up, then it's stopped

Three days later, ruled, you have no grounds whatsoever for removal, they remanded it back

And they reverse the case and remand it with direction to issue the writ of Coal Warranty

remanding it to the court. The judge says that it was dismissed by the court. It was not dismissed.

It was remanded. But in the suit that was filed with the Ninth Circuit, the judge himself was named

This is not a good thing. Part of it looks okay about remanding a cause, but, you know, obviously the courts are closed.

and signed bold letters in order to dismiss appeal and remand cause to lower court for execution of sentence.

Now, I thought remanding the cause might mean a good thing, but the part about executing the sentence, I was just kind of wanting to get a second opinion.

Actually, it means that they have denied your appeal, and they've remanded it back to the state court.

And when the Court of Appeals, if they remand it back, then they're sending jurisdiction back down to the state court.

They ordered the appeal to be dismissed and remanded to the lower court.

And therefore, I remand it back to whatever till you can file it in a proper court.

no matter what, either remand you to jail, set bail, they never let you go, in Travis

corpus case if the prisoner has been remanded to custody or held to bail. In

But still, is there some? I can't find where that's harassment by these people, where this is the third time they come out, but I've remanded these laws before.

hearing. And we filed a suit in a removal. They remanded the removal. The other side filed a

They're remanded into the jail, set bail, so forth

a states' rights issue, so I filed a motion to remand. I amended my pleading and took

out a federal rule, and they didn't oppose it, and they remanded it back to the state

judge and petition the circuit court to remand back to a different judge.

this case? Today. Good, good. We'll file a motion to remand first because there shouldn't

out and we'll file an amended and a motion to remand. Okay, sounds like you know what

And once they get it removed to federal court, I can easily get it remanded.

And either way, I think I'll easily get it remanded to the state court.

So it was basically declined and, you know, remanded back to the state court.

The only thing you can go to at this point is to either have the case remanded back, i.e., through the appeal.

my case being remanded back and the municipal court going all stupid with it and trying

whether he found probable cause, did not find probable cause, the person was released on bail, remanded to the court, whatever occurred.

Now, all that being said, they remanded it back for administrative reasons to the trial court, which is Austin Municipal.

My case has been remanded back, which means we are going to have to buy another set of

to occur at 2 p.m. from where they remanded my case back, that unless they're pulling

But we're not reading law, we're reading a remand order from the

Upon remand from the county court, it's been required,

well, the remandable of the Judge Phillips who dealt with that.

No, Your Honor, I didn't understand that to be the purpose of the remand order.

and the cause remanded to the trial court for further proceedings.

There does not appear to be a valid judgment in this case, and it will be remanded to the trial court for the entry of a proper judgment.

and it will be remanded to the trial court for the entry of a proper judgment.

This case is remanded to the Austin Municipal Court for proceedings not in conflict with this decision.

So let me just go ahead and say as remanded.

Well, this attorney stands up and tries to tell him that, excuse me, Judge, but if the case has been remanded back to you,

Remanded.

I understood that it was going to be very narrow into a remand order.

they come up with a remand back to the city.

Well, wait a minute, if they've remanded it back to the municipal court,

He signed the order saying that I was going to be remanded back to municipal court.

Therefore, we're going to remand back and uphold the judgment and make them pay the fine

I filed a motion to remand, which was never ruled on,

And then you can file a petition for remand.

If it doesn't, I'm quite confident that the appellate court will remand it back and say,

It gets remanded into federal court.

with the state and it gets remanded to federal court and then they get a 12b6 dismissal and

And most of the times the way that they got there was when the case was remanded to the

I mean, the minute you get remanded, I don't know what the time frame is, but I know it's

You move to strike the removal, you're moved to remand and okay, we'll pick the rest of

must remand.

So we'll file a motion to remand, motion for sanctions, motion to strike the pleading

If he has no jurisdiction, he cannot enter a substantive pleading, so he must remand.

he must remand.

Okay, so what happens if they don't remand it to the state and they do a 12b6 dismissal?

you move to remand and the judge denies, always gets a motion for reconsideration and you

without any due process, and without remuneration, and remanded it all back so that the Edwards

And I was writing up a petition to remand.

And I went online and just did a Google search on remand.

he must sever the state claims from the suit and remand them back.

Not only does that give you better grounds for removal, but what if they, I mean, remand,

what if they remove and you don't get your remand in within 30 days?

The trial judge has to sever the state claims and remand them back.

What was the reason for the remand?

Now, what is a remand? Is that where they gave me a new trial?

They had to reverse the conviction and remand it back to the court

And I was writing up a petition to remand.

And I went online and just did a Google search on remand.

he must sever the state claims from the suit and remand them back.

Not only does that give you better grounds for removal, but what if they, I mean, remand,

what if they remove and you don't get your remand in within 30 days?

The trial judge has to sever the state claims and remand them back.

Many times these state complaints are remanded to federal, and they use the diversity of citizenship between the parties, and they use the threshold for the monetary value, which is $75,000.

how can they issue a warrant for your arrest in which case they remand you to jail

And then I actually won a remand for a retrial from the Supreme Court.

Finding errors to the first issue, we reverse Hill's conviction and remand the case.

but the fed is required to sever the state claims and remand them back to the state.

the sixth day of February, reversed and remanded, which was me, Thursday, the 10th of April,

No, they're talking to the lower court judge, they have remanded the case, too.

Remand it back to the trial court to prove jurisdiction on the record or they're going

If they didn't have it, we remand and tell them to reverse the ruling or we vacate the

then the federal judge must sever the state issues and remand them.

a large number of them Steve the minute that they're filed all right they're remanded to

Not a motion to remand

he's to remand it to the court that does have jurisdiction.

a remand to, back to the district court for ruling on agency.

And remand those back to the state, is there something that I missed in the diversity of jurisdiction section?

I believe that the federal court has jurisdiction over both state and federal issues, however, if there is an issue cause of action or an issue that would be strictly state, then that issue should be severed and remanded back to the state court in which the original petition was filed

Now, generally, when you get a removal, you've got 30 days to file a motion to remand.

It said the court didn't have the jurisdiction to rule on the state issues that they must be remanded.

So, instead of filing a petition for removal, for remand, we found a challenge to subject matter jurisdiction as concerns the state issues.

And it specifically stipulates that they shall sever the state claims and remand those to the federal, to the state court.

Instead of filing a removal, I mean a remand, you're asking the court to exercise jurisdiction.

To move to remand appears to go to the, you're asking the court to make a determination in its judicial capacity.

Therefore has no discretion and no option but to remand those.

He didn't remand either, but he didn't dismiss.

And in this case, in a removal of a state claim to the federal court, our law says you have no jurisdiction over that claim. You shall remove and remand the fails to do so, especially if he dismisses with or without prejudice.

As the litigant, as the client or the prosaic, we need to understand what we're getting into here. And it was from this understanding that led me to file a challenge subject matter jurisdiction rather than a motion to remand.

And Steve is looking up a case where one of these quiet title actions was remanded back to the state.

Instead of petitioning for removal, for remand, I filed a challenge to subject matter jurisdiction.

that if there are purely state issues, those issues must be severed and remanded to the state.

So instead of filing a motion to remand, we filed a challenge to subject matter jurisdiction.

And he said, well, are you going to file a motion for remand?

and federal issues, the state issues must be remanded.

Well, you either remand, successfully have the federal court sever the action

and remand it back to the state or if you just got the one cause of action,

remand the entire case back to the state court.

Though they did not cite it, what they did was they severed the quiet title action and remanded that back to the state court.

And basically all the, you know, to paraphrase the order is that we remand, it says the court reverses the portion of the trial court's order and remands the quiet title claim.

And I carried on with three other appeals, and some things were remanded.

When my case got remanded back to the municipal court there were several things that were addressed in mind

The very first line in the order says the judgement is overturned and we remanded it back for further proceedings

This part against Mackie Wolfe was severed and remanded back to the state court and when that happened, that made the summary judgment final

We agree that Mackie Wolfe is not entitled to attorney immunity on this record and sever and remand the trial court's judgment

state issues in it, the federal judge must sever the state issues and remand those issues

He must remand them.

in my case, I won a remand from the Supreme Court

where it says how much time that the court has for a remand to convict you

or actually just relinquish and remand this back to the state court, this issue?

And I already had something remanded in this court.

as you have already had a trial. I won my appeal and it got remanded, so they gave me a new trial.

I think that's a lie because it was remanded, the conviction was overturned,

We reverse the trial court's judgment as to these claims and remand for further proceedings.

This cause is remanded to the trial court for further proceedings consistent with this opinion.

and remand the Trial Court's judgment pause.

But to sever and remand.

Let's go over that last one there. Upon severing that claim, it is the severance and remand of that one claim that made that summary judgment final.

And after the examining trial, he is to, under Chapter 16.17, he's to prepare an order stating whether he bound the person for trial or released him at their liberty or remanded him to the jail if they couldn't post bail.

I didn't file a motion to remand.

It says you don't have any jurisdiction at all, you must remand unless there's complete

And even if there's complete diversity, there are some state issues that still can be remanded

court didn't reverse the decision in remand, but rather they dismissed the entire case

And it actually went to the Supreme Court, the Mississippi Supreme Court, and they remanded it and gave me a new trial.

appeal is completed and it's remanded or it's sent back down as upheld.

remanded back to the circuit court.

Well, again, what was the instructions from the appeals court when the case was remanded

Those were the only instructions is that this, this, the verdict is reversed and remanded

they wouldn't have had any reason to remand it back.

So what did they remand it back for?

remanded back to the court of state jurisdiction where they were originally

federal court, any state issues must be severed and remanded to the state.

issues must be severed and remanded so the federal court can no longer hear the

before last, I didn't file a motion to remand. That's the normal procedure.

to remand, but instead I went with a challenge subject matter jurisdiction.

and told him that when I filed the motion to remand, I called him before

I would rather you remand this back, remand the state issues back. He said,

got out, and then won my appeal. And the court granted me or remanded my trial back to the

Unless the court of appeals reverses and remands

If the court remands it for any reason

set him to bail, or remanded him to the court, to the jail.

Mackey Wolfe severed that issue and remanded that back to the state court,

the court below erred in dismissing their complaint, accordingly reversed the judgment of the Eighth Circuit and remand the case for further proceeding.

Because I won my appeal, and it got remanded.

It then got remanded back to the circuit court.

The appeals court remanded the case back to the trial court to retry the case because you had ineffective counsel.

remanded that back to that one issue with them as defendants back to state court

This is after I won my appeal or the decision and it was remanded back to the court.

remand the claim for further proceeding consistent with this opinion. Robo-signing renders a document

Accordingly, we reverse this opinion of this portion of the trial court's order and remand

Mackie Wolf severed this issue and remanded it back to the state court.

and remand the trial court's judgment.

If it was filed and fed, it would probably be remanded.

But ultimately the judge, I guess, remanded that and that was the end of it.

Those have to be remanded back.

the federal court must sever and remand.

But if I beat them in the court of appeals, the court of appeals is likely to remand and

released him on bond or remanded him to the jail.

Right. That's what I argued, and then it was, I don't know if the proper term would be remanded,

I wrote a letter to the court, and then I found that it was actually remanded, if that's the right word.

It was, I don't know if remanded is the proper word, but it was essentially struck by the judge.

And then it was struck down, remanded, nullified, whatever the proper term, the judge reversed it.

issues must be severed and remanded that the state can not hear I mean the Fed

cannot hear state issues well he failed to remand because the only issue was a

The judge had the power, sui sponte, to rule that there was lack of evidence prior to remanding the case to the jury.

remanded him to the jail or released him on bond.

and then the other side can argue for remand.

When he's finished under 1617, he's to issue an order stating whether he held a person at his liberty, remanded him to the state,

released him on bail, or remanded him to the jail.

We hereby remand and overturn.

after it had handed down a judgment that was in federal court two days before it was remanded.

Two days before it was remanded, I didn't get the...

They handed down a judgment on a case in state court two days before the federal court had remanded.

So the judge entered a ruling before it was remanded back from the federal court.

They considered that commercial use, and they remanded that to the local court

The ruling went to the whiteness of the case for appeal and the case was remanded back

and you need to adjudicate the other issues but you might look at the Remandamus.

unless, of course, you can file and get it remanded for a new trial by seeking a new trial from the higher court.

You're going to ask that district court to review its remanding the case back to you, because that's not right.

The court then will reverse the judgment of the 8th Circuit and remand the case for further

Well, we're looking at Kitsap 1 right now, and it was remanded from the appellate court

So they remanded to the trial court level to fashion another remedy to the perceived

What Arizona is likely to do is they have 30 days in which time to file a motion to remand.

That's something you have to argue in a motion to remand.

because now they're going to have 30 days in which to file a motion to remand.

As soon as they filed the removal, I didn't file a motion to remand.

the court must sever the state issues and remand.

So since he had to sever and remand, that meant he had no subject matter

But you do have to explain to the judge to keep him from remanding it.

And then the appeals court remanded it back to the judge telling him to deal with the issues that I had filed in court regarding my case

bound over for trial, released on bail, or remanded to the jail.

and the lawyer filed a motion for remand claiming that the federal court

Remand.

In this case, it wasn't in his court, so he could remand it back.

Because you filed a removal, unless the other side doesn't get a remand in,

So he may not remand it if the other side doesn't file a motion to remand.

You filed a removal, if somebody files a motion to remand you, you won't prevail.

You can't prevail on a motion to remand because you can't give the judge reason to hold it in the federal court.

And, you know, up to today, I didn't get any remand, you know.

The case has not been remanded to the state court.

I agree that the removal has been dismissed, but the case has not been remanded to the state court.

Okay, so you had it removed and it was remanded?

And that removal has not yet been remanded to state court.

So let me ask you, is remand supposed to be like a notice to the state court that the case has not been...

When the federal court remands, the state court is notified and so are you.

Okay, so is it, you know, is it remand the same like a notice from the federal court that the case has been dismissed?

So the same like a remand.

Right. And did it say that when you got the notice, did it say it was remanded to the state court?

It says notice notification of docket entry. It doesn't say about remanding.

You mean remanding? They denied the removal.

They denied the removal. They don't have to remand.

And, well, is this the same judge that's had one of his decisions remanded already?

Well, it still may be that he's aware that in another case, they ruled against you and got the case remanded.

So he removed these and I didn't file a motion to remand,

the court must sever the state issues and remand.

And then I got out, won my appeal, and got remanded, went back to court, and then got reconvicted.

the order from the court was that it was to be remanded back to the court.

Oh, it was to be remanded. So you were retried.

The federal court must sever the state issues and remand

The appeals court got it and they did not remand, they dismissed the whole thing.

A great deal of the court case after the remand doesn't even include those terms.

all of the state issues must be severed and remanded.

Motion to remind, you mean remand?

The federal court gets the removal and immediately remands it back

They threw out the conviction saying that once the case was removed, the state could do nothing until there was a remand

set you to bail, or remanded you to the jail.

The federal court cannot hear the state issues, they must sever them and remand

Do not file a motion to remand

to subject matter jurisdiction instead of a motion to remand.

They said while the case can be removed, the state issues must be severed and remanded.

So instead of filing a motion to remand once he removed it to the Fed, I filed a challenge

Now he's got the third one and this one, this one I had, the other times I filed a remand

sever the state issues and remand to the state. The Fed cannot hear state issues. Well, if

issues so there's nothing for the judge to hear. So instead of filing a motion to remand,

remand would imply that I'm asking the judge to exercise discretion. I was asking no such

to remand because remand presumed jurisdiction, I did no such thing. I challenged subject

matter jurisdiction and demanded that he sever the state issues and remand them since there's

While a state case with a federal issue can be removed to the federal court, the state issues must be severed and remanded.

And I said, the best way to deal with this is to reverse this decision, remand it to lower court.

Now the Fed is expecting a motion to remand, but you don't give them a motion to remand.

Did he file a motion to remand?

They must sever and remand.

If the fed doesn't remand it, then we sue the federal judge.

get remanded or don't, they lose their case. So I was going back through the codes, the

So it's filed to have it remanded back.

I filed a challenge to subject matter jurisdiction instead of a remand, a motion to remand.

the federal court, the federal court must sever and remand the state issues.

the federal judges would remand it the next day.

a friend of mine removed an eviction case to the Fed, and McBride got it, and he did not remand it.

and has been sent down, remanded and sent down to court

And it was essentially a motion to remand.

They did declare us a nuisance, gave instructions to the trial court, and remanded.

must be severed and remanded.

to remand, I file a challenge subject matter jurisdiction.

Instead of filing a motion to remand I challenged subject matter jurisdiction because the 2011

and federal issues can be removed to the federal court, the state issues must be severed and remanded.

remand. Well he that tells me he didn't have subject matter jurisdiction so I hit him with a

16.17 says the judge shall enter an order showing whether the person is released from custody, bound to his liberty, released on bail, or remanded to the jail.

and he remand the case to the state because he had no jurisdiction.

i filed a challenge to subject matter jurisdiction instead of a motion to remand

the state issues and remand so the way i read that is the federal court had no power to hear

claims and remand them to the state.

be heard by the federal court, they must sever them and remand.

And since the statute forbade the judge to hear them, I didn't file a motion to remand,

the federal court must sever the state issues and remand.

So instead of filing a motion to remand, which is the normal process,

and remand the state issues back to the state. That changed 200 years of law. The federal

I removed it to federal court several times and it got remanded. However, I kept going

jurisdiction. I did not file a motion to remand. A motion to remand should always be construed

court, the state issues must be severed and remanded. Quiet title, there are no federal

court, the federal court must sever the state issues and remand those to the state.

And on the class fee, they just wanted, they were just going to remand it back to the lower court's fine of the four hundred and something bucks, and it was over and done with.

The next day, the federal court remanded the case back.

And it was remanded the very next day it didn't make any difference. They had to go back and retry him all over again.

It's in my remand folder somewhere.

Further, pending a conclusion by the ALJ that would require that this matter be remanded back to this court,

Okay? So what we have to do is take what I'm working on now and set this up not as a motion to dismiss but as a motion to transfer or a motion to remand or whatever to a court that would have jurisdiction to make that ruling.

remanded back, but he said federal resjudicata is harder to get round than state resjudicata.

to subject matter jurisdiction. Well, in that didn't file a motion to remand a file subject

issues must be severed and remanded. So the legislature stepped in in 2011 and said,

can be removed to the federal court, the federal court must sever and remand the state issues.

Whether he released a person under his liberty, bound him to the court, remanded him to the

to the Fed, the Fed cannot hear the state issues. They must sever and remand. Well, there's only

So, the appeals court, if they say you had standing, then they'll remand it back and give

The court, Lozano back stated that his counsel has not sent the record like they petitioned for, so they're going to remand the case down to the lower court in order for a lower court to deal with the motion.

With the court's order telling them that this case, this issue would then be remanded back into that cause because of the incompetency of Lozano's attorney that he recently had.

This deputy DA said that he wanted me remanded immediately that I'm a terrorist, I'm a terrorist, I'm a danger to society

It says that after the examining trial, the court must enter an order stating whether the person was released at the liberty bound to the jail, set the bond or remanded to the jail.

They just got pissed off at them, remanded it back to the other court, the state court and sanctioned them for $600.

Did he remand it under the 2011 venue and removal clarification act?

But what, what the clarification act said was that while an action with state and federal issues can be removed to the federal court, the court must sever the state actions and remand them back.

As soon as the case got thrown out and it was, and the case got remanded, the other case was remanded about the same time down to the, to the state level.

remanded so if you file one with only state issues in it in the fed the other side will

his liberty released on bail or remanded to the jail if an order is not filed within 48 hours a

released on bail, or remanded to the jail,

What 16 for y'all for those of you don't know 16.17 says that after an examining trial that the court shall issue an order stating whether the person is bound to the court, whether it's probable cause of the person released at the liberty or bound to the court released on bail or remanded to the jail.

court now. I'm putting in a motion to remand because they're trying to get these cases moved

motions to remand on the two Garland cops. And I went ahead and submitted the one on the Addison

a couple of motions to get these remanded because they're trying to stick them here in federal court

on bail, or remanded to the jail.

for a remandamus, a mandate from the county court ordering the municipal court to convene a hearing

the judge does to file the remandamus? Yes. Go ahead and do that. We could do the mandamus at any

Anyway, time's coming quick for another hearing in my fine Wisconsin credit card thing, and I'm thinking about going through the process of remanding the action to federal court.

If a civil action includes a claim arising under the Constitution, laws, or treaties of the United States, and then a claim not within the original supplemental jurisdiction, blah, blah, blah, that's become something that can be remanded.

So, do I just use that straight up and say this is why this needs to be remanded because the state is not applying its rules?

Do I just say I want this remanded and not? Okay, using the terms backwards, this removal to the federal court, remand back to the state court.

They said that while a case with state and federal issues can be removed to the federal court, that the state claims must be severed and remanded.

But then the remanding, then.

Discussing the remanding, since the judge had stated that, because I was having a zippy and wonderful discussion about regulation Z, and his eyes just glassed over and he hand-weighted and said, well, we don't have a problem.

Actually, about a few days ago, sometime last week I went back for remand sentencing

But I had to file the complaint on the judge the day before, well the day of remand sentence

And I filed it in the commission of judicial conduct right before I went to the remand sentence

denied the removal or remanded it.

motion to remand within 30 days.

You notice them that it was removed and the state had 30 days in which to file a motion to remand.

They can remove it without a motion to remand.

Now, be aware they're going to turn around and try to get it remanded back,

their liberty, bound to the court and released on bond or remanded to the jail and then they

were you released on bail, no, were you remanded to the jail, no, wait a minute, gotta be one

And I was, yeah, I was objecting to it and I wanted to have it remanded to the state

I've never got to argue the heck bar because the case was remanded back to the state.

properly notify that person before they moved the case to federal, so the judge remanded

You needed to file for sanctions with the notice for the request to remand.

have the judge ruling that remanding because these lawyers misrepresented the truth, you

Okay. If not, let them move to remand or let them challenge it if they want to.

and the judge got pissed at them and they motioned it to be remanded back to the county

released on bail, or remanded to the jail.

That he must seal up all documents had in the hearing under 7, I'm sorry, where he is remanded to the jail.

If they rule that the dismissal was improper all together and remanded it back to the Court

You can get it remanded. I don't know. I'm possibly overturned. It just depends.

What is all the information necessary to make sure that that is the end result, either an acquittal and a dismissal or a remand back for further proceedings with correct due process procedures put in place?

that I be immediately remanded and that I'm a terrorist I'm a terrorist he's

And then the Court of Appeals, instead of doing what Tim requested in the Mandamus, which was to reverse remand.

instead of reversing and remanding the decision, actually, I'm sorry, what we asked them for

So, he had to pursue the appeal so he can get the court to remand the case to the trial

okay okay the appeals court reversed the conviction remanded it back demanded that the

the convictions overturned we're remanding it back we have conflicting entries in the record for

these are not issues where you would ask the court to reverse and remand

like dismiss or reverse and remand and the appellate brief is the one that has all of that detail

any laws. Okay, so the appeals court didn't reverse and remand, they dismissed.

remanded back and the city was ordered to pay my full cost of appeal and to uh proceed with new

They didn't remand it back to district court.

All right, Randy, thanks a lot, but I want to let you know the judge that didn't have the appeal. She remanded it to a new United States district judge and he was just appointed like four weeks ago by President Trump.

The court of appeals reversed and remanded on the theory that even absent privity, and for those of you who don't know what privity is, that means you have a contractual relationship.

note, which they're not, but that can't be argued into. That's a remanded fact on the bankruptcy

meaning they found no probable cause. He was set, released on bail or remanded to the court, to the

They didn't just reverse and remand, they just missed.

whether the person was released at their liberty, released on bond or bound to the remanded

or remanded them to the jail

bound him to the court on and set bail released him on bail or remanded him to the jail

except him to bond or or remanded him to the jail.

And reversed and remanded

The end result was accordingly the judgment is reversed and the case is remanded for a new trial.

Well, I think that the bonus was that the case has been remanded for a new trial

whether the person was released at their liberty, bound to the court, released on bail or remanded

Well, I had a new trial today that I was, the appeals court remanded it to a new trial

and remanded. And the first time he shows up at court, oh, our bad, officer didn't

would remanded or something to share it for and 10 k bond so yeah

either remanding the person to jail or setting them out on bond and a warrant for their arrest.

And you told me to transfer it from state court into the Fed, so I filed that. It went into the federal court, and it sat there for two months, and the federal judge remanded it back to the state court saying this is not a federal issue.

Okay, and then, do I have a right to go to this federal judge that remanded it back to the state and ask him for a facts and findings conclusions of law?

So you could appeal the judge's remand.

You remove the judge's remand that you can appeal that, but I have to find a federal claim in order to get there.

them to the court, set them to bail, or remanded them to jail.

Is that called remand to remand?

No, no, that wouldn't be to remand. You're going to ask to dismiss.

So he asked the judge to remand for $200 bail instead of like...

Whether he released you at your liberty, bound you to the court, released you on bail, or remanded you to the jail.

I got this case back from Circuit and I believe it's a reverse remand.

in part and this matter remanded for further consideration.

and either sets bail, remands them or releases them.

Released him on bail or remanded him to the jail

they remanded it back he won the appeal now that's precedent in Pennsylvania if

towards once the circuit court circuit court remanded back down to district

appeals to do is rule that the contract was entered into under duress then remand it back

have to do these things they say yes it's under duress remand it back to the trial court and have

So the court of appeals remanded the trial court back, the case back to the trial court.

The fact that the court remanded this issue because they, you raised the issue of trespass.

from the reverse and remand from the circuit.

And they reversed the remand and back down to the U.S. court.

opportunity to bring that issue. And if they do, then they will remand it to the court to

This goes to either interlocutory appeal or petition for remandamus.

The appellate court would wind up reversing and remanding this back to the trial court for a proper hearing.

anywhere where the appellate court would likely reverse and remand, you can file an interlocutory appeal.

They're going to have to go to the federal court and say wait a minute, wait a minute, this is not removed, this guy's not properly filed, he's not properly in the federal court but they have to get it remanded back

That should put the skids on them until they can get it remanded or get a judge to say it wasn't actually removed but in the meantime they're stuck

and stating whether the person was released at their liberty, bound to the court, on bond, remanded to the jail, whatever,

And the court of appeals remanded it, and this is in the Fed.

Did the district court violate the appellate court's ruling when they reversed and remanded?

Wait a minute, the feds just said he doesn't. They reversed and remanded.

And the federal court got the removal and said, you have absolutely zero grounds for removal and remanded it back.

And they're going to expect the federal court to remand and give a remitter to the lower court.

For those of you who don't know, he had a case in the Fed remanded on appeal because

And the court tossed it and he appealed it and they remanded it, the court of appeals

remanded it back because if they didn't, they would gut the trespass laws.

Was that on the...I thought that was the ruling from the appellate court, remanding the case.

I'll have this thing remanded from the federal court

case was obviously remanded, okay? And so the removal that I'm talking about would

removed once and remanded back, whoever removes it the next time needs to be very, very careful.

because I'll have that thing remanded right back down here. Well, he's never filed the

to remand it immediately?

attempt at removal. The mere fact that a case was previously remanded is not dispositive

uh, remanded, uh, uh, for further, uh, proceedings. Um, and that was it. I, I filed back at the, uh,

And of course, they remanded it.

And the appellate court remanded the summer judgment back because of insufficiency of

And if they rule in your favor, they will remand this back to the judge and say, this

So they reversed the ruling in the case and remanded it back.

I didn't really, it was just about the remand schedule, like when can I file that motion

to remand?

I thought the rules said I had 30 days to notice the motion to remand except for subject

questions, like I feel like I should pursue a remand.

So this, so I would seek a remand back to Supreme Court, I think, but I just found out

to remand pursuant to the code, except for matters of subject jurisdiction.

I don't know when I can file a motion to remand.

successfully remanded, and it looks like their attorneys filed the remand at 31 days, and

and you demand it be remanded back to the state court.

Is this the same as a motion to remand or is it different?

Motion to remand.

You're saying this court can't take jurisdiction and move it to remand it.

But they can't get to that yet until they hear your motion to remand.

going to fly, like I'm not going to be able to remand it, but they have to hear my remand

Like they can't do anything until we deal with my remand motion, correct?

All right, so I just, I have to get through the removal, get through the remand process

helpful. But it's, and I was planning on filing a motion to remand and the judge worked out

guys because I can, the due date that the judge set for my remand motion is the same

So if you file a remand, the remand will have to be heard first. And if they rule on your,

once you remand the 12B6 becomes moot.

So the judge could, the judge could remand the claim with the three employer defendants

instead of filing a remand, get their motion, learn as much as I can from it, although they've

be remanded back to the state. Now they're put on the dime where they have to prove up

Okay. Okay. And also, after I file an amended complaint, I can still file a motion for remand

drop the federal claim, it's automatically remandable back to the... When you drop the

federal claim, the federal court loses jurisdiction. It must be remanded.

even if you're beyond your time to remand.

in a federal claim, I can still file a motion to remand the state claims back to state court.

and remand the one that doesn't have a federal claim. Does that make sense?

a motion to remand the state claim?

against a party, you cannot remand that party.

can remand that party.

You can bifurcate the suit and remand that party back to the state.

So I can't remand it if the state claim has, it has a defendant that's also on the federal

that's being filed next week on the same day my motion to remand is due

If I seek to remand I'll lose the claims against the union rep.

And if they remanded it to the state, then you'd have to replete all that stuff

So I filed my motion to remand, they filed their motion to dismiss 12b6

I got sent to federal court, and then the federal court dismissed the city and all that. There was a declaratory release lawsuit, and it got remanded.

I admitted the federal complaint, and it got remanded back to state because I took out the federal question.

So in state court, I guess they asked me to file a remanded complaint again, so I did.

Yeah, so the case was remanded back to state court, and recently in state court they asked me to file an amended complaint.

They got it remanded.

So they reversed and remanded.

The federal court of appeals reversed and remanded these guys over grass.

So they're likely to overturn his ruling with prejudice, remand it back to the state court

and ask the appellate court to reverse and remand the case back to the trial court and

and i'm not sure if they if they mean they're remanding it or because i don't have they didn't

that rescripting means they're remanding it back to the trial court any opinion quick

You file a motion, a motion to remand claiming minimum contacts under international shoe.

Well, you can file it in there, but it can't be heard until or unless the case is remanded back to the state.

No, you just file a motion to remand.

All right. I mean, I basically could take my motion to dismiss and turn it into a motion to remand.

That's where the motion to remand.

If you don't give them a motion to remand, they just have to look at the pleadings and accept what the pleadings say on their face.

it's only a problem if they file a motion to remand to remove or if they file a removal.

So they remanded it back to the trial court and had to start all over again

Wait, wait, to dismiss or remand?

Yeah, you need to file an opposition to remove or a motion to remand

Yeah, and you might, if you file a motion to dismiss, you might withdraw that as untimely filed and file a motion to remand

Okay, my pleading was, you know, my prayer was that I shouldn't have to remand this because the filing is deficient

The defendants in their brief, and so I'm also challenging remand because I'm saying the lower court,

like the court doesn't have jurisdiction anymore, so that my case should be sent back down to the district court and then remanded to state court.

But do I even attempt to argue that remand to state court is still proper?

You know, based on what the defendants are saying, is there any hope for me to remand this to state court?

yeah, there's enough here for this to get remanded back down.

appeals court? Have they had things remanded? I mean, this is my first time doing it, but I'm curious.

People turning their cases remanded? Yes. From appellate courts? Am I muted? Can you hear me?

What, getting remanded or? Yeah, well, you can't just,

When the appellate court remands something back to the trial court.

They remanded back to the trial court and said, this is what you're supposed to do.

Now we remand this back so you can render that proper ruling.

at getting their cases remanded instead of getting shut down again.

Well, I wanted to talk about what Chris was talking about cases being remanded.

And I don't know if you remember in 2020, I had a case remanded in traffic court.

brief in my life. And I'm sure it wasn't that the appeal brief was that good to get it remanded.

are stated in my remand filing.

current motion to remand, she's like, you're really litigating this issue.

I need you to order this, this, um, remand back to state court.

So she's saying she accuses me of filing a motion to remand before.

that it's a motion to remand, which it really wasn't.

remand, do you think they can do that?

Can't ask them to order a remand, but you can do, or you can't ask them to remand.

You could ask them for a mandamus or to the trial court to remand it.

But they can, they can adjudicate that this case needs to be remanded based

And so, uh, that's addressed in my motion to remand in that I just posted on the page.

Basically I made a motion to remand of a 12 before that, you know, he wasn't,

So I, uh, file what I filed, but I filed this motion to remand and previously

because it was a deficient filing, a deficient removal to remand or

be reversed and remanded.

and remand,

to remand.

it will get remanded.

I tried to remand a federal case back to state court.

It was removed and then remanded.

I filed a picture-perfect motion to remand.

So when you did the remand, there is some criteria.

It's supposed to be done in a certain amount of time, but a remand,

And if the remand is improper, the court you're remanding to would be the one

Time passed, there were some errors, and there was reason to remand.

You could remand a case at any point in time.

You could remand a case five minutes before the judge makes their final ruling.

You can remand a case.

You can remand. Who does you specifically refer to?

Then I can file a motion to remand, as I understand you've only got 30 days to file a motion to remand.

Yes and no. If there's reason to remand the case, if new information came out.

Okay, so if subsequent to the 30 days, if subsequently reason becomes available to show that there was cause for remand,

you can still remand it after the 30 days?

My issue is I wrote a picture perfect remand to state court.

I just want them to grant me standing and then send me back to the federal court, remand me back to the federal court.

and asking to remand back to the federal court and to be allowed to amend my pleading.

I tried to remand it back to the state. That didn't do any good. So I had a partner in a property,

I just want them to grant me standing and then send me back to the federal court, remand

and asking to remand back to the federal court and to be allowed to amend my pleading.

Actually, you would file a motion to remand.

Understood. But I didn't want to lose my sort of opportunity to remand. And really, what was it?

It was an improper filing. I shouldn't have to waste a remand on that. But the judge actually

took it as a remand. So I said, hey, this is a deficient pleading, a deficient removal.

I'm not arguing other case law regarding remand. It wasn't removed properly. So the judge took it

as a remand. So then when I go to file a proper remand, international shoe and all the other

the judge makes a ruling and starts to threaten to sanction me because I'm relitigating the remand.

for deficiencies. And the judge is accusing me of relitigating the remand. But what is a remand?

Is a remand. A remand is a jurisdictional issue. I can argue that every single day I want because

here or there's whatever. They never remand or excuse me, recuse in general. It's a pretty high