In an action to recover payment for medical care provided to prisoners, the removal of the action to the district court is affirmed where the suit was against a federally-appointed receiver and the district court thus had clear jurisdiction over the matter. However, the order dismissing the action is vacated where: 1) plaintiff was not required to obtain permission from the district court to sue defendant-receiver because the action fit within the statutory exception to the general rule requiring an appointing court's permission before suing a receiver in another jurisdiction; and 2) the receiver was not absolutely immune from suit.
Argued and Submitted July 16, 2009
Filed October 30, 2009
Opinion by Judge Clifton
Martin H. Dodd, Futterman & Dupree LLP, San Francisco, CA