Dawodu

MEMORANDUM *

Appellant Toyin Dawodu appeals the district court’s order remanding Dawodu’s state criminal prosecution for alleged violations of California’s Financial and Penal Codes. Dawodu removed his state criminal prosecution pursuant to 28 U.S.C. § 1448 (1), which allows removal of “civil actions or criminal prosecutions” based on allegations that state proceedings would violate certain federally protected civil rights. Dawodu’s appeal asserts that his prosecution is racially motivated and that removal is proper under the Fourteenth Amendment as well as 42 U.S.C. §§ 1981 , 1988 and 1985(8). We have jurisdiction under 28 U.S.C. § 1447 (d) and affirm.

The Supreme Court has established that removal pursuant to Section 1443(1) must satisfy two requirements. First, the civil right allegedly denied must arise under a federal law “providing for specific civil rights stated in terms of racial equality.” Georgia v. Rachel, 384 U.S. 780, 792 , 86 S.Ct. 1783 , 16 L.Ed.2d 925 (1966). Second, the defendant must show that the state courts will deny or not enforce that specified right. Id. at 788 ; see also Johnson v. Mississippi, 421 U.S. 213, 219 , 95 S.Ct. 1591 , 44 L.Ed.2d 121…