Michael James Cable v. State of Indiana

Summary

The United States District Court for the Southern District of Indiana dismissed Michael James Cable’s attempted removal of a 2009 Indiana criminal case as frivolous. The court held that the criminal case had been dismissed years earlier and did not qualify for removal under 28 U.S.C. §§ 1441 or 1443, leaving nothing to remand. The court warned Cable that continued frivolous filings could result in filing restrictions.

Holdings

1. Section 1441 governs removal of civil actions and does not authorize removal of a criminal action.
2. Removal under § 1443(1) requires a showing that the denied right arises under federal law providing for specific civil rights stated in terms of racial equality and that the state courts will deny or will not enforce those rights; Cable made no such showing.
3. Section 1443(2) permits removal only by federal officers or agents, or persons authorized to act with or for them in executing duties under federal equal-rights law; Cable did not fall within that category.
4. Remand was unnecessary because the underlying state criminal prosecution had been dismissed and there was no pending state case to which the matter could be remanded.

Questions Presented

1. Whether 28 U.S.C. § 1441 authorized removal of Cable's state criminal prosecution.
2. Whether the criminal prosecution qualified for removal under 28 U.S.C. § 1443(1) or § 1443(2).
3. Whether the district court should remand the matter when the underlying state criminal case had already been dismissed.
4. Whether the federal action should be dismissed as frivolous.

Disposition

dismissed