St. Ann, City of v. Pernell

Filing 3

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that defendants motion to proceed in forma pauperis [Doc. 2] is DENIED. IT IS FURTHER ORDERED that defendant shall pay the $350 filing fee within thirty days of the date of this Order.IT IS FURTHER ORDER ED that this action is REMANDED to the Circuit Court of St. Louis County. IT IS FURTHER ORDERED that the Clerk shall forward a copy of this Order to the Circuit Court of St. Louis County, with reference to City of St. Ann v. Rolando D. Pernell II, 11SL-MU00843. re: 2 MOTION for Leave to Proceed in forma pauperis filed by Defendant Rolando D. Pernell, II Signed by Honorable Audrey G. Fleissig on 3/23/12. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CITY OF ST. ANN,
Plaintiff,
v.
ROLANDO D. PERNELL, II,
Defendant.

)
)
)
)
)
)
)
)
)

No. 4:12CV527 AGF

MEMORANDUM AND ORDER
Defendant Rolando Pernell II seeks to remove a criminal proceeding, in which
he is being prosecuted for driving with expired plates and speeding, from the Circuit
Court of St. Louis County to this Court pursuant to 28 U.S.C. § 1443(1). The Court
has reviewed the notice of removal and will remand the case pursuant to 28 U.S.C. §
1446(c)(4).
As grounds for removal, defendant states that he is an “Aboriginal Indigenous
Moorish-American,” and therefore, he is not subject to the laws of Missouri or the
United States.
Title 28 U.S.C. § 1443 states, in relevant part:
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 . . .
To demonstrate that removal is proper under § 1443(1), a defendant “must show
that he relies upon a law providing for equal civil rights stated in terms of racial
equality.” Neal v. Wilson, 112 F.3d 351, 355 (8th Cir. 1997). “‘[R]emoval is not
warranted by an assertion that a denial of rights of equality may take place and go
uncorrected at trial. Removal is warranted only if it can be predicted by reference to
a law of general application that the defendant will be denied or cannot enforce the
specified federal rights in the state courts.” State of Ga. v. Rachel, 384 U.S. 780, 800
(1966)).
Defendant’s grounds for removal are legally frivolous. They state no ground
cognizable in federal court for removal, and the Court is unable to view any possible
amendment to the petition that could bring the case within the rule permitting removal.
As a result, the Court will remand this action back to the state court.
Additionally, defendant has filed a motion to proceed in forma pauperis. After
reviewing defendant’s financial affidavit, the Court has determined that defendant is not
entitled to proceed in forma pauperis. As a result, the Court will order defendant to pay
the $350 filing fee.

-2-

Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to proceed in forma
pauperis [Doc. 2] is DENIED.
IT IS FURTHER ORDERED that defendant shall pay the $350 filing fee
within thirty days of the date of this Order.
IT IS FURTHER ORDERED that this action is REMANDED to the Circuit
Court of St. Louis County.
IT IS FURTHER ORDERED that the Clerk shall forward a copy of this Order
to the Circuit Court of St. Louis County, with reference to City of St. Ann v. Rolando
D. Pernell II, 11SL-MU00843.
Dated this 23rd day of March, 2012.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

-3-