Soloman

Soloman v. The People of the State of California

Good Law
United States District Court, Northern District of CaliforniaNovember 9, 20233:23-cv-04638California854 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 NEBIYU SHEFREW SOLOMAN, 075674-7, Case No. 23-cv-04638-CRB (PR)

Petitioner, ORDER OF DISMISSAL AND

REMAND

v. (ECF No. 5) THE PEOPLE OF THE STATE OF

CALIFORNIA,

12 Respondent. 13 I. Petitioner Nebiyu Shefrew Soloman, a pretrial detainee currently committed to Atascadero State Hospital for treatment pursuant to California Penal Code section 1370, has filed a pro se notice of removal of the pending state criminal prosecution commenced against him on December 28, 2021 in Sonoma County Superior Court, Case No. SCR-751256-1. Petitioner invokes this court’s removal jurisdiction under 28 U.S.C. § 1443 but after reviewing the notice of removal and relevant documents and law, the court concludes that it lacks subject matter jurisdiction over the removal petitioner seeks. II. A criminal defendant may remove a pending state court prosecution to federal court if he can demonstrate that he will…

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