Hamrick v. Hutchinson

United States District Court for the Eastern District of Arkansas

Hamrick v. Hutchinson

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

DON HAMRICK PLAINTIFF

Vv. No. 4:20-cv-486-DPM

ASA HUTCHINSON, Governor; JAMES M. MOODY, Federal Judge; CLAYTON HIGGINS, Case Analyst, SCOTUS; DAVID SACHAR, Director, Judicial Discipline Commission; STARK LIGON, Director, Office of Professional Responsibility; ROBERT EDWARDS, Judge, White County Circuit Court; MARK DERRICK, Judge; MILAS HALE, Judge; DON RANEY, Prosecutor; JOHN POLLARD, Chief of Police, City of Kensett, Arkansas; CHRISTINA ALBERSON, Mayor’s Assistant and Clerk, Kensett District Clerk; LAURA BALLENTINE, Clerk, Kensett Water Department; MID-SOUTH HEALTH SYSTEMS DEFENDANTS

ORDER On de novo review, the Court adopts Magistrate Judge Deere’s thorough recommendation with a modification and a supplement, Doc. 11, and overrules Hamrick’s objections, Doc. 14. FED. R. Civ. P. 72(b)(3). The modification: Hamrick’s motion to proceed in forma pauperis, Doc. 1, is granted because it does not appear that he can afford the filing fee. The supplement: Hamrick’s notice of removal of five criminal cases from the Kensett District Court, Ne 8, does not satisfy the removal

statute he relies upon,

28 U.S.C. § 1455

. Other than the case numbers, Hamrick provides no other information about those cases. In particular, he did not append “all process, pleadings, and orders served upon the defendant or defendants in such actions|,]”

28 U.S.C. § 1455

(a), or provide his dates of arraignment, so this Court could evaluate the timeliness of the removal,

28 U.S.C. § 1455

(b), or provide good cause for an untimely removal,

ibid.

Hamrick also hasn’t satisfied

28 U.S.C. § 1443

, which is the applicable substantive companion of § 1455. Claims that “the prosecution is assertedly a sham, corrupt, or without evidentiary basis” aren’t enough standing alone. Johnson v. Mississippi,

412 U.S. 213

, 219 (1975). And Hamrick doesn’t say that his race prompted anything connected with the prosecution. These criminal cases — CR-19-433, CR-19-875, CR-19-1103, CR-20-70, and CR- 20-71—are therefore remanded to the District Court of Kensett, Arkansas. His complaint, Doc. 2, will be dismissed without prejudice. And his motion to appoint counsel, Doc. 3, is denied as moot. So Ordered. KPrpn shell pp. D.P. Marshall Jr. United States District Judge __30 Septtmke 2020

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