Minnesota v. Jenkins

U.S. Court of Appeals for the Eighth Circuit
Minnesota v. Jenkins, 145 F. App'x 564 (8th Cir. 2005)

Minnesota v. Jenkins

Opinion of the Court

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 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, 86 S.Ct. 1783, 16 L.Ed.2d 925 (1966); City of Greenwood v. Peacock, 384 U.S. 808, 826-27, 832, 86 S.Ct. 1800, 16 L.Ed.2d 944 (1966).

Accordingly, we affirm.

. The Honorable David S. Doty, United States District Judge for the District of Minnesota.

Reference

Full Case Name
STATE OF MINNESOTA v. Philander Dermont JENKINS, Jr.
Status
Published