St. Louis County v. Albert Thoma

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Kermit E. Bye and Jane Kelly (UNPUBLISHED) [4110660] [13-2164]

United States Court of Appeals
For the Eighth Circuit
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No. 13-2164
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St. Louis County
lllllllllllllllllllll Plaintiff - Appellee
v.
Albert D. Thomas
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: December 26, 2013
Filed: January 3, 2014
[Unpublished]
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Before WOLLMAN, BYE, and KELLY, Circuit Judges.
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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

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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.
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1

The Honorable Charles A. Shaw, United States District Judge for the Eastern
District of Missouri.
-2-

Appellate Case: 13-2164

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Date Filed: 01/03/2014 Entry ID: 4110660