Richmond County Superior Court v. Womble
Richmond County Superior Court v. Womble
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION RICHMOND COUNTY SUPERIOR ) COURT, ) Plaintiff, v. CV 124-218 CHAALO-AZUTE’ WOMBLE, S8R.., Defendant.
ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which objections have been filed. (Doc. nos. 14, 15.) In his objections, Plaintiff contends his criminal charges in the Superior Court of Richmond County are removable to federal court under
28 U.S.C. § 1604, which provides, “a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States,” with limited exceptions. (Doc. no. 14, p. 2; doc. no. 15, p. 3.) Plaintiff's attempt to classify himself as a foreign state under § 1604 is precisely the type of “sovereign citizen nonsense” the Magistrate Judge warned would not be tolerated and does nothing to undermine the Magistrate Judge’s conclusion no federal statute supports removal of this case. (Doc. no. 12, pp. 3-4 (citing Gilbert v. City of Pine Lake, Ga., No. 1:19-CV-495-TWT,
2019 WL 11553743, at *1 (N.D. Ga. June 25, 2019), aff'd, No. 19-12585,
2022 WL 1162087(11th Cir. Apr. 20, 2022).)
Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES this case without prejudice, DENIES AS MOOT Defendant’s motion to proceed in forma pauperis, (doc. no. 9), and CLOSES this case. Although “removal” was never accomplished in a procedurally proper manner, in an abundance of caution, the Court also REMANDS the two criminal charges to the Superior Court of Richmond County, Georgia, case number 2024RCCR00329. <ptb SO ORDERED this day of February, 2025, at Augusta, Georgia. Lif Y (HAL HONQRABLE J. RANDAL HALL UNITEDSTATES DISTRICT JUDGE OUTHERN DISTRICT OF GEORGIA
Reference
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