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Price v. Johnson

Because the federal officer removal statute, 28 U.S.C. �1442(a)(1), is a jurisdictional statute, the district court's finding that Rep. Johnson failed to satisfy the statute's requirements leads to the natural conclusion that the district court felt there was no subject matter jurisdiction, and the appeal must be dismissed. 5th U.S. Circuit Court of Appeals, No. 09-10389, 03-11-2010

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Before REAVLEY, DAVIS, and STEWART, Circuit Judges.

This case arises out of a dispute between two Texas public officials. Pursuant to state procedural rules, Appellee John Wiley Price, a Dallas County Commissioner, sought an order in state court to take an investigatory deposition of Appellant Congresswoman Eddie Bernice Johnson. Rep. Johnson removed the matter to federal court under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), but the district court remanded it to state court because Price’s petition was not a “civil action” subject to removal. Rep. Johnson appeals the district court’s order. We lack jurisdiction to review the district court’s remand order, and we DISMISS the appeal.

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