United States ex rel. Thomas v. Rundle

OPINION AND ORDER

BODY, District Judge.

The relator, Hezekiah Thomas, has filed with this Court a petition which ambivalently purports to be both a habeas corpus petition and a petition for removal under Title 28 U.S.C. §§ 1443-1446. As a petition for removal, the relator’s action must be dismissed. The proceeding which he seeks to remove from the state court is a state habeas corpus action. Title 28 U.S.C. §§ 1443-1446 are available to defendants unable to enforce civil rights in a state court, and in a habeas corpus action the relator is no longer a defendant. Nor are there any other federal…