The People of State of Illinois v. Blake

Filing 6

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 11/7/2011: For the reasons stated below, the instant action is hereby ordered remanded back to the Circuit Court of Cook County, case number 11-6-00963401, forthwith. All pending motions are denied as moot. Civil case terminated. Mailed notice. [For further details see written opinion.](mr, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Samuel Der-Yeghiayan

CASE NUMBER

11 C 6778

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

11/7/2011

The People of State of Illinois vs. Airrion S Blake

DOCKET ENTRY TEXT

For the reasons stated below, the instant action is hereby ordered remanded back to the Circuit Court of Cook
County, case number 11-6-00963401, forthwith. All pending motions are denied as moot. Civil case
terminated.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This matter is before the court on Defendant Airrion S. Blake-Bey’s (Bey) motion for leave to
proceed in forma pauperis and motion for appointment of counsel. Bey removed the instant action from state
court on September 27, 2011. Bey indicates in his pro se notice of removal that the instant action is an
ongoing state court criminal action in which Bey is charged with resisting a police officer. (Not. Rem. Par.
17); (Not. Rem. Ex. A). Bey indicates that a trial has not yet commenced in this case in state court because
of the filing of Bey’s notice of removal. (Not. Rem. Par. 17). Bey is seeking in his notice of removal, among
other things, to challenge the legality of his arrest. Bey also contends that he has been subjected to malicious
prosecution and seeks injunctive relief such as an order prohibiting the State of Illinois from arresting him.
(Not. Rem. Par. 8, 14, 19).
Bey indicates in the notice of removal that he removed the instant action pursuant to 28 U.S.C. § 1441
(Section 1441) and 28 U.S.C. § 1446. (Not. Rem 1). Section 1441 does not specifically reference the
removal of criminal actions. 28 U.S.C. § 1441. Section 1446 references the removal of a criminal
prosecution from state court, but Section 1446 merely provides the procedures for a removal. Bey also
premises his alleged right to a removal on 28 U.S.C. § 1443(1) (Section 1443(1)). (Not. Rem. Par. 10).
11C6778 The People of State of Illinois vs. Airrion S Blake

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STATEMENT
Section 1443(1) provides the following: “Any of the following civil actions or criminal prosecutions,
commenced in a State court may be removed by the defendant to the district court of the United States for the
district and division embracing the place wherein it is pending:(1) Against any person who is denied or
cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens
of the United States, or of all persons within the jurisdiction thereof . . . .” 28 U.S.C. § 1443(1).
Section 1443(1) has been interpreted “to apply only if the right alleged arises under a federal law
providing for civil rights based on race and the petitioner must show that he cannot enforce the federal right
due to some formal expression of state law.” State v. Haws, 131 F.3d 1205, 1209 (7th Cir. 1997). Bey has
made no showing that this case can be removed under Section 1443(1). In addition, under the Younger
abstention doctrine “federal courts cannot enjoin ongoing state criminal proceedings unless extraordinary
circumstances are present.” Id.; See also Nelson v. La Crosse County Dist. Atty. (State of Wisconsin), 301
F.3d 820, 825 n.2 (7th Cir. 2002)(stating that “[u]nder the Younger abstention doctrine, federal courts cannot
enjoin ongoing state criminal proceedings unless extraordinary circumstances are present”). Bey has not
presented any extraordinary circumstances that would warrant interfering in the ongoing criminal
proceedings in this case. Therefore, the instant action is remanded to state court. All pending motions are
denied as moot.

11C6778 The People of State of Illinois vs. Airrion S Blake

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