State of Minnesota v. Philander Jenkins

U.S. Court of Appeals for the Eighth Circuit

State of Minnesota v. Philander Jenkins

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 04-4070 ___________

State of Minnesota, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Philander Dermont Jenkins, Jr., * * [UNPUBLISHED] Appellant. * ___________

Submitted: October 7, 2005 Filed: October 12, 2005 ___________

Before MELLOY, MAGILL, and GRUENDER, Circuit Judges. ___________

PER CURIAM.

Philander Dermont Jenkins sought to remove a criminal case pending against him in Hennepin County, Minnesota, to federal court under 28 U.S.C. § 1443. The district court1 summarily remanded the action to state court pursuant to 28 U.S.C. § 1446(c)(4). This appeal followed.

We note our authority to review whether the district court erred in denying removal under section 1443, see 28 U.S.C. § 1447(d), and we agree with the district

1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. court that Jenkins failed to show sufficient grounds to support his invocation of section 1443, see 28 U.S.C. § 1443; Georgia v. Rachel, 384 U.S. 780, 792, 797-99 (1966); City of Greenwood v. Peacock, 384 U.S. 808, 826-27, 832 (1966).

Accordingly, we affirm. ______________________________

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Reference

Status
Unpublished