Williams v. Harpo

Filing 2

OPINION AND ORDER that this action is REMANDED to the Superior Court of Fulton County, Georgia. Signed by Judge William S. Duffey, Jr on 4/18/2016. (anc)

state court judges are biased against him because he “has filed suit against such
officials in the state courts . . .” (Id. at 1). Defendant does not allege the basis for
the Court’s jurisdiction, and does not allege that the parties are diverse. The Court,
in light of Defendant’s pro se status, construes the Notice of Removal as seeking
removal under 28 U.S.C. § 1443(1).
Defendant is a frequent filer of frivolous lawsuits. The Court has previously
ordered Defendant “to disclose his full litigation history in any civil rights
complaint and/or [IFP] affidavit that he files.” See Harpo v. City of Atlanta, No.
1:16-cv-1067-WSD (N.D. Ga. 2016) (ECF No. 2 at 1-2); Harpo v. City of Atlanta,
No. 1:14-cv-2157-WSD (N.D. Ga. 2014) (ECF No. 2 at 1-2); Harpo v. Fulton Cty.
Sheriff, No. 1:14-cv-2208-WSD (N.D. Ga. 2014) (ECF No. 2 at 1-2).
II.

DISCUSSION
A.

Legal Standard

28 U.S.C. § 1443(1) permits a defendant in a civil state court action to
remove the action to federal district court if the action is against a person who is
denied or cannot enforce in the state courts “a right under any law providing for
equal civil rights of citizens of the United States.” Alabama v. Conley, 245 F.3d
1292, 1295 (11th Cir. 2001). In Georgia v. Rachel, the United States Supreme
Court articulated the two-prong test which a removal petition filed pursuant to

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§ 1443(1) must satisfy. First, the petitioner must show that the right upon which
the petitioner relies arises under a federal law “providing for specific civil rights
stated in terms of racial equality.” Georgia v. Rachel, 384 U.S. 780, 792 (1966).
Second, the petitioner must show that he has been denied or cannot enforce that
right in the state courts. Id. at 794.
B.

Analysis

Defendant does not allege any facts regarding his race, or any facts to show
that the right upon which he relies arises under a federal law providing for specific
civil rights stated in terms of racial equality. Defendant’s Notice of Removal
therefore does not meet the Rachel test. See Conley, 245 F.3d at 1295-96.
“Furthermore, [Defendant]’s allegation that he cannot get a fair trial in state
court because the state trial judge is biased in favor of the defendant . . . does not
state a cognizable ground for removal under § 1443(1).” See id. at 1298-99. The
Court thus lacks jurisdiction over this action, and remand of this action to the
Superior Court of Fulton County, Georgia is required. See id. at 1299.
The Court also notes that, because Defendant is a frequent filer of frivolous
lawsuits, the Court has previously ordered Defendant “to disclose his full litigation
history in any civil rights complaint and/or [IFP] affidavit that he files.” See Harpo
v. City of Atlanta, No. 1:16-cv-1067-WSD (N.D. Ga. 2016) (ECF No. 2 at 1-2);

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Harpo v. City of Atlanta, No. 1:14-cv-2157-WSD (N.D. Ga. 2014) (ECF No. 2 at
1-2); Harpo v. Fulton Cty. Sheriff, No. 1:14-cv-2208-WSD (N.D. Ga. 2014) (ECF
No. 2 at 1-2).
Under Local Rule 41.3(A)(2), “[t]he court may, with or without notice to the
parties, dismiss a civil case for want of prosecution if: . . . [a] plaintiff . . . shall,
after notice, . . . fail or refuse to obey a lawful order of the court in the case.” LR
41.3(A)(2), NDGa. Defendant did not disclose his full litigation history in his
Application or Notice of Removal. The Court’s prior Orders, and the fact that
other actions filed by Defendant have been dismissed for his failure to comply with
the Court’s prior Orders, put Defendant on notice that he was required to disclose
his full litigation history in his Application. See Hollis, et. al. v. Baxter,
No. 1:15-cv-2194-WSD (N.D. Ga. 2015) (ECF No. 6 at 4). Defendant’s failure to
comply with the Court’s prior Orders also warrants dismissal of this action. See
LR 41.3(A)(2), NDGa.
III.

CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that this action is REMANDED to the

Superior Court of Fulton County, Georgia

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SO ORDERED this 18th day of April, 2016.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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