Ashley Womack v. Rustin Wright

Filing

UNPUBLISHED OPINION FILED. [16-41192 Affirmed] Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 04/14/2017 [16-41192]

Case: 16-41192

Document: 00513925022

Page: 1

Date Filed: 03/24/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41192
Summary Calendar

United States Court of Appeals
Fifth Circuit

ASHLEY B. WOMACK,

FILED
March 24, 2017
Lyle W. Cayce
Clerk

Plaintiff - Appellee
v.
RUSTIN P. WRIGHT,
Defendant - Appellant

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:15-CV-601
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM:*
Appellant Rustin Wright appeals the district court’s remand of his case
to state court for lack of subject-matter jurisdiction. The district court found
that Wright could not remove his case pursuant to 28 U.S.C. § 1443 because
he has not alleged that his civil rights were violated due to race. After
reviewing his claims, we concur that Wright has not asserted a civil rights

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 16-41192

Document: 00513925022

Page: 2

Date Filed: 03/24/2017

No. 16-41192
claim that is removable under § 1443. Texas v. Gulf Water Benefaction Co., 679
F.2d 85, 86 (5th Cir. 1982) (“To gain removal to federal court under 28 U.S.C.
§ 1443, the defendant must show . . . the right allegedly denied it arises under
a federal law providing for specific rights stated in terms of racial equality . . .
.”).
AFFIRMED.

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