Thomas McCullough, Jr. v. Nathalee Evans

MEMORANDUM

The Appellant, Nathalee Evans, appeals from the district court’s order remanding this case to state court and from its order denying her motion to vacate the remand order. We have jurisdiction to review the remand order pursuant to 28 U.S.C. § 1447 (d) and jurisdiction to review the order denying the motion to vacate pursuant to 28 U.S.C. § 1291 . We affirm.

Evans removed this action pursuant to 28 U.S.C. § 1443 .

Patel v. Del Taco, Inc., 446 F.3d 996, 998-99 (9th Cir.2006). The district court correctly concluded that the case was not removable under 28 U.S.C. § 1443 (1) because Evans did not identify a state law that prohibited her from enforcing her civil rights or “an equivalent basis ... for an equally firm prediction that the defendant would be ‘denied or cannot enforce’ the specified federal rights in the state court.” Rachel, 384 U.S. at 804 , 86 S.Ct. 1783 .

This case was not removable under 28 U.S.C. § 1443 (2), which “is available only to federal officers and to persons assisting such officers in the performance of their official duties,” and to state officers. City of Greenwood v. Peacock, 384 U.S. 808, 815 , 824 n. 22, 86 S.Ct. 1800 , 16 L.Ed.2d 944…