State of Hawaii v. Christopher Deedy

MEMORANDUM

Christopher Deedy, a federal officer, was indicted in Hawaii state court for second-degree murder and carrying or using a firearm in violation of Hawaii law. Seven months later, Deedy moved pursuant to 28 U.S.C. § 1442 (a)(1) and § 1446(c)(1) (amended 2011) to remove the case to federal district court. Although he missed the thirty-day filing deadline, Deedy contended that he established “good cause” for his untimely removal motion because the pre-trial publicity in Hawaii would prejudice his trial and only a federal court could transfer the case to a different state. The district court denied the motion, and Deedy appeals. We affirm.

We review for abuse of discretion a district court’s denial of an untimely removal motion for lack of good cause. See Wei v. Hawaii, 763 F.2d 370, 371 (9th Cir.1985) (reviewing for abuse of discretion a district court’s dismissal of a complaint for plaintiffs failure to show good cause in failing to serve the complaint within the prescribed period). A district court abuses its discretion if it makes an error of law, or if its decision is “(1) illogical, (2) implausible, or (3) without support in inferences that may be drawn from the…