Morin v. State of Florida

Summary

The Report and Recommendation addresses Douglas A. Morin’s attempt to remove two Florida criminal prosecutions to the United States District Court for the Northern District of Florida under 28 U.S.C. § 1443(1). The magistrate judge concludes that the removal was procedurally deficient, untimely under 28 U.S.C. § 1455, and did not satisfy the requirements for civil-rights removal. The recommendation is that the case be remanded to the Second Judicial Circuit Court in and for Leon County, Florida, pending motions be denied, and the federal case be closed.

Holdings

1. A defendant seeking removal of a state criminal prosecution must file copies of all process, pleadings, and orders served upon the defendant, as required by 28 U.S.C. § 1455(a); Morin's failure to file any documents from the state cases made his notice deficient.
2. A notice of removal of a state criminal prosecution must be filed no later than 30 days after arraignment or before trial, whichever is earlier, unless the district court grants leave for a later filing upon a showing of good cause; Morin's removal was untimely and he did not show good cause.
3. Removal under § 1443(1) requires the defendant to show both that the asserted right arises under a federal law providing for specific civil rights stated in terms of racial equality and that the right has been denied or cannot be enforced in the state courts.
4. Morin did not establish entitlement to removal under § 1443(1) because he identified no state law that would deny him racial-equality rights and relied instead on generalized constitutional claims, dissatisfaction with judicial rulings, and speculation about future state-court proceedings.

Questions Presented

1. Whether the notice of removal complied with the document-filing requirements of 28 U.S.C. § 1455(a).
2. Whether the notice of removal was timely under 28 U.S.C. § 1455(b)(1), or whether good cause supported filing it after the statutory deadline.
3. Whether Morin satisfied the requirements for removal of a state criminal prosecution under 28 U.S.C. § 1443(1).
4. Whether dissatisfaction with state-court rulings, alleged due-process violations, and alleged denial of habeas relief established that Morin could not enforce a federal right providing for racial equality in the state courts.

Disposition

remanded