OVIEDO v. HALLBAUER

No. 10-20736.

655 F.3d 419 (2011)

Paola OVIEDO, Plaintiff-Appellant, v. Gregg M. HALLBAUER; Ryan Jennings; United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 12, 2011.


Attorney(s) appearing for the Case

Daryl Lane Moore (argued), Houston, TX, Tommy R. Hastings , The Woodlands, TX, for Plaintiff-Appellant.

Fred Turner Hinrichs , Asst. U.S. Atty. (argued), U.S. Attorney's Office, Houston, TX, for Defendants-Appellees.

Before SMITH, BENAVIDES and HAYNES, Circuit Judges.


HAYNES, Circuit Judge:

Paola Oviedo appeals from the decision of the district court dismissing the case after (1) refusing to remand her state court medical negligence claim against two purportedly federally-affiliated doctors, (2) vacating her state court default judgment, and (3) substituting the United States as the defendant.

We agree with the appellant that the finality of the state court judgment at the time of removal made removal improper on these...

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