Legal Opinion
Baxter v. Florida
District Court, N.D. Florida
Decided February 11, 1969No. Crim. No. 1271Published
1Opinion of the Court
ORDER DENYING PETITION FOR REMOVAL AND REMANDING TO STATE COURT
CARSWELL, Chief Judge.
This cause comes before the Court on petition to remove under 28 U.S.C. § 1443.
Petitioner moves to proceed in forma pauperis. Removal of a criminal case pursuant to 28 U.S.C. § 1443 does not require the filing of a bond or the payment of filing fees. Alexander v. Cox, 348 F.2d 894 (5th Cir.1965); Lefton v. City of Hattiesburg, 333 F.2d 280 (5th Cir.1964). Therefore, it is not necessary to grant Petitioner’s motion to proceed in forma pauperis in order to allow him to pursue his petition to remove under 28…
2Cases cited6 opinions
- City of Greenwood v. PeacockSupreme Court of the United States · 1966
- Georgia v. RachelSupreme Court of the United States · 1966
- Michael Lefton v. The City of Hattiesburg, MississippiCourt of Appeals for the Fifth Circuit · 1964
- Heymann v. State of LouisianaDistrict Court, E.D. Louisiana · 1967
- Alexander v. CoxCourt of Appeals for the Fifth Circuit · 1965
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