Dist.Ct. did not err in dismissing without prejudice under derivative jurisdiction doctrine, plaintiff’s amended complaint seeking to have defendants reinstate plaintiff as Social Security payee for his daughter. Plaintiff filed original complaint in state court, and defendants removed said action to federal court under federal officer removal statute (28 USC section 1442) and then moved to dismiss instant action under derivative jurisdiction doctrine, which provides that if state court did not have subject matter jurisdiction over plaintiff’s complaint, federal court did not have subject matter jurisdiction upon removal. Moreover, plaintiff did not contest that state court lacked jurisdiction over his complaint, and fact that plaintiff filed amended complaint that invoked for first time federal jurisdiction under 28 USC section 1361 after case had been removed did not require different result. Ct. of Appeals further observed that party seeking to assert derivative jurisdiction doctrine must do so within 30 days from removal, which defendants did in this case.
