The People of the State of California v. Ronald Pobuta, Ellsworth Swait and William Monroe Vick, Appeal of William Monroe Vick

Appellant filed a petition under 28 U. S.C. § 1443(1) to remove a state criminal prosecution pending against him. On the day the petition was filed the district court entered a minute order denying the petition and remanding the case to the state superior court. Eight days later the court filed a memorandum order reaffirming the prior order and stating the ground therefor, namely, that the petition failed to state a claim for removal under section 1443(1).

We do not reach the merits of the district court’s order. The district court failed to give petitioner notice of the proposed dismissal and…