Wolfe v. Green

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, District Judge.

Pending is plaintiff Roger Wolfe’s motion to remand filed September 24, 2008, contending that two of the defendants failed to consent to the removal of this action from state court within the thirty-day period prescribed by 28 U.S.C. § 1446(b). While the rule of unanimity, applicable here, requires the consent of all defendants in due course served, each defendant has thirty days from service upon him in which to consent. McKinney v. Bd. of Trs. of Md. Cmty. Coll., 955 F.2d 924, 928 (4th Cir.1992).

I

Mr. Wolfe instituted this action…