Opinion
1:21-CR-61-HAB
10-14-2021
STATE OF INDIANA v. JOSEPH DALE LEWIS
OPINION AND ORDER
HOLLY A. BRADY, JUDGE UNITED STATES DISTRICT COURT
Defendant was charged in an Indiana state court with three counts: Battery with Bodily Injury to a Public Safety Officer, a Level 5 felony; Resisting Law Enforcement, a Level 6 felony; and Public Intoxication, a Class B misdemeanor. See Allen Superior Court Case No. 02D06-1803-F5-81. He now seeks to remove that criminal prosecution to this Court.
Federal statutes permit the removal of state court prosecutions under certain, clearly defined circumstances. They include prosecutions of federal officers (28 U.S.C. § 1442(a)) and active members of the military (28 U.S.C. § 1442a), as well as prosecutions involving civil rights (28 U.S.C. § 1443). None of those circumstances are relevant here, leaving no legal basis for removal of the state case. The Court has no option other than summary remand. 28 U.S.C. § 1455(b)(4).
Defendant cites to 28 U.S.C. § 1441 but that statute, on its face, applies only to civil actions.
For these reasons, this matter is REMANDED to the Allen County, Indiana, Superior Court.
SO ORDERED.