Opinion
8:24-cv-00833-KKM-SPF
04-15-2024
STATE OF FLORIDA, Plaintiff, v. PATRICK DWYON JONES, Defendant.
ORDER
KATHRYN KIMBALL MIZELLE, UNITED STATES DISTRICT JUDGE
Patrick Jones seeks to remove his pending state criminal proceeding to federal court. Notice of Removal (Doc. 1). Jones argues that his case should be heard in federal court because it involves various federal questions. See id. at 1-2. Because I lack jurisdiction over the case, remand is appropriate.
Under the criminal removal statute, I must summarily remand “[i]f it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted.” 28 U.S.C. § 1455(b)(4). It is clear on the face of Jones's notice of removal that I lack jurisdiction. Jones first cites the federal question statute as grounds for removal, but that jurisdictional grant applies only to “civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. He also cites a statute granting certain state courts civil jurisdiction over actions to which Indians are parties, but that statute is inapplicable. See 28 U.S.C. § 1360. Finally, Jones cites a smattering of constitutional, international law, and human rights issues that he says make removal appropriate. See Notice of Removal at 2. These grounds are also unavailing.
Because none of Jones's purported grounds for removal apply to criminal cases and because he fails to make any argument under the appropriate criminal removal statutes, see 28 U.S.C. §§ 1442, 1442a, 1443, I conclude that “it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted.” 28 U.S.C. § 1455(b)(4). Thus, summary remand is required.
Accordingly, the following is ORDERED:
1. The Clerk is directed to REMAND this action to the Circuit Court for the Fifth Judicial Circuit in and for Sumter County, Florida, and to transmit a certified copy of this order to the clerk of that court.
2. The Clerk is further directed to TERMINATE any pending motions and deadlines, and to CLOSE this case.
ORDERED in Tampa, Florida, on April 15, 2024.