Legal Opinion
People of State of NY v. Mitchell
District Court, S.D. New York
Decided June 26, 1986No. 86 Civ. 4207 (MGC)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
CEDARBAUM, District Judge.
The petitioner, David Mitchell (“Mitchell”) seeks the removal, pursuant to 28 U.S.C. §§ 1443(1) and 1446, of a criminal case pending against him in the Supreme Court of the State of New York, New York County. After carefully considering the petition for removal and construing all allegations most favorably to petitioner, I find that the petition fails to state adequate grounds for removal of the proceeding to federal court. In addition, the petition must be dismissed as time-barred under the time limitation prescribed by 28 U.S.C. § 1446(c)(1).
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2Cases cited8 opinions
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- City of Greenwood v. PeacockSupreme Court of the United States · 1966
- Georgia v. RachelSupreme Court of the United States · 1966
- Johnson v. MississippiSupreme Court of the United States · 1975
- People of State of NY v. MukaDistrict Court, N.D. New York · 1977
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3Cited by1 opinion
- Water's Edge Habitat, Inc. v. PulipatiDistrict Court, E.D. New York · 1993