St. Louis County v. Albert Thoma


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Kermit E. Bye and Jane Kelly (UNPUBLISHED) [4110660] [13-2164]

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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for the Eastern District of Missouri - St. Louis ____________ Submitted: December 26, 2013 Filed: January 3, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and KELLY, Circuit Judges.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 Appellate Case: 13-2164 Page: 1 Date Filed: 01/03/2014 Entry ID: 4110660 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- Appellate Case: 13-2164 Page: 2 Date Filed: 01/03/2014 Entry ID: 4110660

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