Full Opinion

Case: 26-50249 Document: 39-1 Page: 1 Date Filed: 11/09/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 26-50249 November 9, 2026 Summary Calendar Thomas B. Plunkett, III ____________ Clerk Kenneth Todd Bowen, Plaintiff—Appellee, versus Mary Ellen Bowen, Defendant/Counter-Plaintiff—Appellant, versus State of Texas, Counter-Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 1:25-CV-1850 ______________________________ Before Jones, Ho, and Wilson, Circuit Judges. Per Curiam: * * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 26-50249 Document: 39-1 Page: 2 Date Filed: 11/09/2026 No. 26-50249 Mary Ellen Bowen removed the underlying state divorce action to federal court and cited 28 U.S.C. §§ 1441 and 1443 as grounds for removal. She now appeals the district court’s order remanding the case to state court. Contrary to Bowen’s assertion, the State did not lack standing to file a motion to remand. See Getty Oil Corp. v. Ins. Co. of N. Am., 841 F.2d 1254, 1263 (5th Cir. 1988). In addition, she has failed to meet the requirements for removal pursuant to 28 U.S.C. §§ 1441 and 1443. See Caterpillar Inc. v. Williams, 482 U.S. 386, 392, 399 (1987); Johnson v. Mississippi, 421 U.S. 213, 219 (1975). Accordingly, the district court did not err by remanding the case. AFFIRMED. 2