Opinion
Criminal Case No. 11-cr-00219-CMA
08-10-2011
UNITED STATES OF AMERICA, Plaintiff, v. DEAB CARBAJAL, Defendant.
Judge Christine M. Arguello
ORDER DENYING MOTION TO CLARIFY AND PROCEED WITH APPEAL
This matter is before the Court on Defendant's Motion to Clarify and Proceed with Appeal. (Doc. # 7.) In this Motion, Defendant requests that the record be corrected and that he be allowed to proceed with his appeal of his denial of a Writ of Mandamus/Prohibition in the Colorado Supreme Court.
In this case, Defendant sought removal of his state criminal prosecution to this Court. Although it was inadvertently opened as a civil action, Magistrate Judge Boyd N. Boland closed the civil action and ordered the case to be filed as a criminal action. (Doc. # 2.) On May 27, 2011, the Court summarily remanded the criminal action pursuant to 28 U.S.C. § 1446(c)(4). (Doc. # 3.) The Court found that Defendant had not complied with the procedural requirements for removing his state criminal cases to this Court, nor was removal appropriate as a substantive matter. Defendant then filed a "Contemporaneous Object and Petition for Rehearing on Removal," which the Court deemed a motion for reconsideration. The motion for reconsideration was denied. (Doc. # 6.)
Defendant appears not to comprehend the import of the Court's Order for Summary Remand. Pursuant to that Order, this case has been remanded to state court. Thus, this case is no longer before this Court. The Court lacks jurisdiction to take any further action in the matter.
There is nothing in that Order that would preclude Defendant from proceeding with his appeal of his denial of a Writ of Mandamus/Prohibition in the Colorado Supreme Court.
Accordingly, Defendant's Motion (Doc. # 7) is DENIED. It is FURTHER ORDERED that the Clerk of the Court shall strike any further filings from Defendant in this case. This case is closed.
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge