Opinion
24-CV-5449 (JMF)
07-23-2024
THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHERLY D. UZAMERE, Defendant.
ORDER
JESSE M. FURMAN, UNITED STATES DISTRICT JUDGE:
On July 12, 2024, this action was removed from the Criminal Court of the State of New York, Kings County, by pro se Defendant Cheryl D. Uzamere. See ECF No. 1.
A defendant removing a criminal action to federal district court must file a notice of removal in “the district court of the United States for the district and division within which such prosecution is pending.” 28 U.S.C. § 1455(a). Uzamere is being prosecuted in Kings County, New York, which falls within the Eastern District of New York. See 28 U.S.C. § 112(c). The notice of removal was not filed in the district court of the district in which the prosecution is pending, see 28 U.S.C. § 1455(a), and is therefore improper.
Defendant is subject to an Order barring her “from filing any future civil action in forma pauperis without first obtaining from the Court leave to file.” Uzamere v. State of N.Y., 19-CV-9064 (CM), ECF No. 13 (S.D.N.Y. Oct. 22, 2019), aff'd, No. 19-3825 (2d Cir. June 8, 2020). Because the removal was improper, the Court need not and does not decide whether that Order applies to removal of an action from state court.
Accordingly, it is hereby ORDERED that this action is REMANDED to the Criminal Court of the State of New York, Kings County, pursuant to 28 U.S.C. § 1455(b)(4). This Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Clerk of Court is directed to mail a copy of this Order to Defendant and to that court, and to close this action.
SO ORDERED