Blodgett et al v. Fairbanks
Filing
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Judge Richard G. Stearns: ORDER to Show Cause as to Propriety of a Notice of Removal entered. (Zierk, Marsha)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 13-11048-RGS
JONATHAN BLODGETT, DISTRICT ATTORNEY and
COMMONWEALTH OF MASSACHUSETTS
v.
SERGEANT MATTHEW FAIRBANKS, U.S.M.C.
ORDER TO SHOW CAUSE AS TO THE
PROPRIETY OF A NOTICE OF REMOVAL
April 29, 2013
STEARNS, D.J.
Sergeant Fairbanks, according to the Notice of Removal, is a defendant facing
a probation violation hearing in the Massachusetts state court, apparently after an
earlier admission of sufficient facts as to violent criminal acts and firearms violations
arising out of a domestic abuse complaint. He now seeks to remove the probation
matter to the United States District Court pursuant to 28 U.S.C. § 1442a. On the face
of the Notice, it would appear that removal is inappropriate. Fairbanks does not allege
to have undertaken any act done under the color of his office as a member of the United
States armed forces or to be claiming any right, title, or authority under the law of the
United States respecting the armed forces, or under the law of war. Notwithstanding,
the court will grant Fairbanks leave to file a memorandum of law taking exception to
the court’s tentative conclusion. A copy of the Notice of Removal, this Order, and any
such memorandum of law will be served by Fairbanks on District Attorney Blodgett for
such response as he may promptly choose to file. In the interim, the Notice of Removal
will be held in abeyance by the Clerk pending further order of the court.
SO ORDERED.
/s/ Richard G. Stearns
________________________________
UNITED STATES DISTRICT JUDGE
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