UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
November 2, 2007
PEOPLE OF THE STATE OF CALIFORNIA, PLAINTIFF,
ANDREW J. MOORE, DEFENDANT.
The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge
ORDER SUA SPONTE REMANDING ACTION TO STATE COURT AND DECLARING MOTIONS TO PROCEED IN FORMA PAUPERIS AND FOR SUMMARY JUDGMENT MOOT
On October 29, 2007, Defendant filed a Notice of Removal of a criminal case pending against him in San Diego Superior Court. In addition, Defendant names "Officer stone/ Victor Morel #2312" as a third-party defendant. Defendant seeks to remove the criminal proceeding pursuant to 28 U.S.C. § 1443(1). Defendant also filed motions to proceed in forma pauperis (see Docket no. 2) and for summary judgment (see Docket no. 3).
Section 1443 permits removal of certain state court criminal matters. To invoke federal jurisdiction under § 1443, not only must a criminal prosecution be pending in state court, but the state court defendant must demonstrate that he or she "is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof." 28 U.S.C. § 1443(1). Upon careful review of the Notice of Removal, Defendant fails to identify any cognizable civil right not enforceable in state court. Thus, pursuant to 28 U.S.C. § 1446(c)(4), this action is summarily remanded to state court. Accordingly,
Defendant's motions to proceed in forma pauperis and for summary judgment are hereby declared moot. The Clerk of the Court is instructed to close the file.
IT IS SO ORDERED.
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