case as a whole or remand the issues of state law, however the court must apply state substantive law to state law claims, as opposed to federal law- a practice which is inline to actions brought under 42 U.S.C. 1983. Other issues State courts do not adjudicate whether an action could be properly removed. As soon as a defendant completes the removal process by filing a notice of removal in the state court, jurisdiction is transferred automatically and immediately by operation of law from the state court to the federal court. Any objection to removal must be presented to the federal court by way of a timely-filed motion. Apart from motions brought by the parties, many federal district courts screen notices of removal for facially obvious defects and when they catch one will issue a sua sponte order to show cause directed to the moving defendant. If a federal court finds that the notice of removal was in fact defective, or that the federal court does not have jurisdiction, the case is remanded to the state court. A defendant used to have to formally petition the federal court for the right to remove, and jurisdiction was not transferred until the federal court entered a formal order to that effect. The petition procedure was abolished around 1980 by Congress and replaced with the simple filing-of-notice removal procedure, although federal courts still see the occasional petition for removal or a motion for remand due to the lack of such a petition. There is no reverse "removal". That is, if a case originates in a federal court, there is no ability for a defendant to remove a case from federal court into state court. If the federal court lacks jurisdiction, the case is dismissed. Only cases that originate in a state court and are improperly removed to a federal court may be sent back to the state court where they started. A defendant can waive the right to remove by contract, although courts take different positions about what language is necessary to create a waiver. Remand orders are not generally appealable , but may be appealed in the case of removals brought under the Class Action Fairness Act of 2005 or where the Federal Deposit Insurance Corporation appeals a remand order under 12 U.S.C. § 1819(b)(2)(C). An alleged waiver of removal rights is also appealable, since the issue is not jurisdiction but the