St. Louis County v. Albert Thomas
Opinion
Albert Thomas sought to remove to federal court, pursuant to 28 U.S.C. § 1443(1), a state criminal case he alleged was pending against him in St. Louis County Municipal Court, Missouri. The district court 1 summarily remanded the case, and Thomas appealed.
We have authority to review the district court’s remand order. See 28 U.S.C. § 1447(d). We hold that the district court properly remanded the case because the notice of removal did not comply with the procedural requirements of 28 U.S.C. § 1455, and did not meet the requirements for removal under 28 U.S.C. § 1443(1). See 28 U.S.C. § 1455(a), (b)(1), (b)(4); Johnson v. Mississippi, 421 U.S. 213, 219-20, 95 S.Ct. 1591, 44 L.Ed.2d 121 (1975) (outlining two-prong test for removal under § 1443(1)).
Accordingly, we affirm.
. The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri.
Reference
- Full Case Name
- ST. LOUIS COUNTY, Plaintiff-Appellee v. Albert D. THOMAS, Defendant-Appellant
- Status
- Unpublished