Opinion
No. 13-2164
01-03-2014
St. Louis County Plaintiff - Appellee v. Albert D. Thomas Defendant - Appellant
Appeal rrom United States District Court
for the Eastern District of Missouri - St. Louis
[Unpublished]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 court summarily remanded the case, and Thomas appealed.
The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri.
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.