Young v. State of Iowa

Filing 2

ORDER re 1 Notice of Removal, filed by Ronald Young. The clerk's office is directed to file the complaint for the purpose of making a record. The action is remanded to the Iowa District Court for Winneshiek County. (copy w/NEF mailed to Pltf, certified copy to Iowa District Court for Winneshiek County. Signed by Chief Judge Linda R Reade on 07/09/15. (jjb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION

RONALD JESSE YOUNG,
Plaintiff,

No. C15-2031-LRR

vs.
STATE OF IOWA,

ORDER

Defendant.

The matter before the court is the defendant’s “notice of removal.” The clerk’s
office filed such notice on May 7, 2015. The defendant did not submit the required filing
fee or an application to proceed in forma pauperis. See 28 U.S.C. § 1914(a) (requiring
$400.00 filing fee for civil actions, except that on application for a writ of habeas corpus
the filing fee is $5.00); 28 U.S.C. § 1915 (explaining in forma pauperis proceedings).
Further, neither the procedural requirements of 28 U.S.C. § 1455 nor the removal
requirements under 28 U.S.C. § 1443 are satisfied. See St. Louis Cnty. v. Thomas, 549
F. App’x 596 (8th Cir. 2014) (citing 28 U.S.C. § 1455 and Johnson v. Mississippi, 421
U.S. 213, 219-20 (1975)); Iowa v. Johnson, 976 F. Supp. 812, 814-18 (N.D. Iowa 1997)
(concluding that the criminal prosecution was not removable pursuant to 28 U.S.C. §
1443(1) because defendants did not allege that a violation of racial equality occurred and
defendants failed to timely file their notice of removal). And, the defendant does not rely
on the other federal statutes—28 U.S.C. § 1442, 28 U.S.C. § 1442a and 28 U.S.C. §
1443(2)—that permit removal of a state criminal prosecution. Even if the defendant did
cite to those statutes, it is clear from the pleadings that none of them provide adequate

grounds for removal.1 Because it is untimely and does not include a valid ground for
removal, the instant notice of removal is not properly before the court. See Thomas, 549
F. App’x at 596; Johnson, 976 F. Supp. at 814-18. Thus, removal of the instant action
under 28 U.S.C. § 1442, 28 U.S.C. § 1442a or 28 U.S.C. § 1443 is inappropriate.
Based on the foregoing, this action shall be summarily remanded to the Iowa
District Court for Winneshiek County. See 28 U.S.C. § 1455(b)(4) (directing a court to
promptly examine the notice and any exhibits annexed thereto and requiring a court to
summarily remand the action if it appears that removal is not permitted). The clerk’s
office shall mail to the clerk of the Iowa District Court for Winneshiek County a certified
copy of this order. See 28 U.S.C. § 1447(c). Because the defendant’s notice of removal
is untimely under 28 U.S.C. § 1455(b)(1) and the action is not removable under 28 U.S.C.
§ 1442, 28 U.S.C. § 1442a or 28 U.S.C. § 1443, the Iowa District court for Winneshiek
County may continue to proceed as if no notice of removal had ever been filed. See 28
U.S.C. § 1455(b)(3).
IT IS THEREFORE ORDERED:
1) The clerk’s office is directed to file the complaint for the purpose of making a
record.
2) The action is summarily remanded to the Iowa District Court for Winneshiek
County.

1

The defendant does cite to 28 U.S.C. § 1441(d). But, such statute is inapplicable
because the defendant is not a foreign state and a review of state court proceedings
indicates that the State of Iowa filed criminal actions, not civil actions, against the
defendant. Iowa state court criminal and civil records may be accessed online at:
http://www.iowacourts.gov/For_the_Public/Court_Services/Docket_Records_Search/in
dex.asp. See Stutzka v. McCarville, 420 F.3d 757, 760 n.2 (8th Cir. 2005) (addressing
court’s ability to take judicial notice of public records).
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3) The clerk’s office is directed to mail to the clerk of the Iowa District Court for
Winneshiek County a certified copy of this order.
DATED this 9th day of July, 2015.

3