St. Louis County v. Albert Thomas, No. 13-2164 (8th Cir. 2014)
Annotate this CaseCourt Description: Criminal case. District court properly remanded defendant's state court criminal proceeding. [ January 02, 2014
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2164 ___________________________ St. Louis County lllllllllllllllllllll Plaintiff - Appellee v. Albert D. Thomas lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: December 26, 2013 Filed: January 3, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and KELLY, Circuit Judges. ____________ PER CURIAM. Albert Thomas sought to remove to federal court, pursuant to 28 U.S.C. § 1443(1), a state criminal case he alleged was pending against him in St. Louis County Municipal Court, Missouri. The district court1 summarily remanded the case, and Thomas appealed. We have authority to review the district court s remand order. See 28 U.S.C. § 1447(d). We hold that the district court properly remanded the case because the notice of removal did not comply with the procedural requirements of 28 U.S.C. § 1455, and did not meet the requirements for removal under 28 U.S.C. § 1443(1). See 28 U.S.C. § 1455(a), (b)(1), (b)(4); Johnson v. Mississippi, 421 U.S. 213, 219-20 (1975) (outlining two-prong test for removal under § 1443(1)). Accordingly, we affirm. ______________________________ 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. -2-
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