Morgan

Morgan v. Washington

Good Law
212 F. App'x 606
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 06-35645California482 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Daniel J. Morgan appeals pro se the district court’s dismissal of his notice of removal, filed pursuant to 28 U.S.C. § 1442 , in which he sought to remove his state criminal proceedings to federal court. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Morgan, a federal immigration inspector, was convicted of vehicular homicide in 2003. See Washington v. Morgan, 123 Wash.App. 810 , 99 P.3d 411 (2004). Morgan filed his notice of removal in the district court on June 5, 2006.

In his notice of removal, Morgan alleged the prosecution was biased against him because, in his capacity as a federal immigration inspector, he had had numerous run-ins with the lead detective’s brother. Morgan also alleged the trial judge was biased against defendants charged with alcohol-related crimes.

Removal in a criminal case must normally be brought “not later than 30 days after the arraignment in State court” unless the party seeking removal shows good cause. See 28 U.S.C. § 1446 (c)(1). Because Morgan’s notice of removal was untimely, the district court dismissed it.

Morgan does not dispute that his notice of removal was not filed within 30…

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