MCMULLEN v. CAIN (2018)

Stuart McMullen removed this case from Texas state court to federal district court as a purported civil rights case under 28 U.S.C. § 1443(1). The district court remanded the case to state court, concluding that it lacked subject matter jurisdiction. McMullen appeals.

The Supreme Court has held that, for removal under § 1443(1) to be appropriate, “it must appear that the right allegedly denied the removal petitioner arises under a federal law ‘providing for specific civil rights stated in terms of racial equality.’ ” Johnson v. Mississippi, 421 U.S. 213, 219, 95 S.Ct. 1591, 44 L.Ed.2d 121 (1975) (quoting Georgia v. Rachel, 384 U.S. 780, 792, 86 S.Ct. 1783, 16 L.Ed.2d 925 (1966) ). As McMullen concedes, his claims in this case do not arise under a federal law pertaining specifically to racial equality, yet he asks that we disregard the Supreme Court’s construction of § 1443(1) as error. This we cannot do.

AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.