St. Louis County v. Thomas

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, no later than May 16, 2013, defendant shall file with the Clerk of this Court copies of all records and proceedings from the criminal action he is attempting to remove.IT IS FURTHER ORDERED that defe ndant's motion for leave to proceed informa pauperis is GRANTED. ECF No. 2 IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will remand or dismiss this action without further proceedings.( Response to Court due by 5/16/2013.) Signed by Magistrate Judge Shirley P. Mensah on 4/26/13. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ST. LOUIS COUNTY,
Plaintiff,
v.
ALBERT D. THOMAS,
Defendant.

)
)
)
)
)
)
)
)
)

No. 4:13CV769 SPM

MEMORANDUM AND ORDER
This matter is before the Court on defendant’s pro se removal of a criminal
action from the Municipal Court for St. Louis County to this Court. The Notice of
Removal, which is eighty pages long, is unnecessarily prolix and is largely
unintelligible. Additionally, defendant has not submitted a copy of the state court file.
Consequently, it is not possible at this time to determine the procedural posture of the
state case and whether it is still ongoing.
Under 28 U.S.C. § 1447(b), the Court “may require the removing party to file
with its clerk copies of all records and proceedings in such State court . . .” The Court
will therefore order defendant to submit all such records in this Court.
Accordingly,

IT IS HEREBY ORDERED that, no later than May 16, 2013, defendant shall
file with the Clerk of this Court copies of all records and proceedings from the criminal
action he is attempting to remove.
IT IS FURTHER ORDERED that defendant’s motion for leave to proceed in
forma pauperis is GRANTED. [ECF No. 2]
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,
the Court will remand or dismiss this action without further proceedings.
Dated this 26th

day of April, 2013.

/s/ Shirley Padmore Mensah
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE

-2-