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St. Louis County v. Albert Thomas, 13-2164 (2014)

Court: Court of Appeals for the Eighth Circuit Number: 13-2164 Visitors: 25
Filed: Jan. 03, 2014
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-2164 _ St. Louis County lllllllllllllllllllll Plaintiff - Appellee v. Albert D. Thomas lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Eastern District of Missouri - St. Louis _ Submitted: December 26, 2013 Filed: January 3, 2014 [Unpublished] _ Before WOLLMAN, BYE, and KELLY, Circuit Judges. _ PER CURIAM. Albert Thomas sought to remove to federal court, pursuant to 28 U.S.C. § 1443(1),
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                United States Court of Appeals
                           For the Eighth Circuit
                       ___________________________

                               No. 13-2164
                       ___________________________

                                 St. Louis County

                       lllllllllllllllllllll Plaintiff - Appellee

                                          v.

                                 Albert D. Thomas

                     lllllllllllllllllllll Defendant - Appellant
                                     ____________

                    Appeal from United States District Court
                 for the Eastern District of Missouri - St. Louis
                                 ____________

                         Submitted: December 26, 2013
                            Filed: January 3, 2014
                                [Unpublished]
                                ____________

Before WOLLMAN, BYE, and KELLY, Circuit Judges.
                          ____________

PER CURIAM.

     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 court1 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
(1975) (outlining two-prong test for removal under § 1443(1)).

      Accordingly, we affirm.
                     ______________________________




      1
       The Honorable Charles A. Shaw, United States District Judge for the Eastern
District of Missouri.

                                         -2-

Source:  CourtListener

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