The People of The State of New York v. Amelio

Background

Carmine Amelio, proceeding without a lawyer and without paying the filing fee, filed a notice seeking to remove a case from the Town Court of the Town of Dover, County of Dutchess, to the U.S. District Court for the Southern District of New York. The removed matter involved two Uniform Traffic Tickets issued on February 13, 2025, for alleged violations of Sections 1128(D) and 1163(0A) of the New York Vehicle and Traffic Law.

Amelio asserted that federal jurisdiction existed because the parties were citizens of different states and because the case raised questions under federal law. He also asserted civil-rights claims apparently arising from the traffic stop, naming Trooper J.C. Cruz, the New York State Police, and the State of New York. The court explained that civil-rights counterclaims cannot create federal jurisdiction over the underlying state-court action.

Analysis

Federal law permits removal of a state criminal case only in narrow circumstances. Those circumstances include a case against a federal officer or member of the armed forces for conduct performed under official authority, or a case in which the defendant was denied—or cannot enforce—rights protecting the equal civil rights of U.S. citizens.

The court construed Amelio’s filing liberally because he was representing himself. It found that his notice was timely under the applicable federal rule because it was filed after the February 13 tickets and before the relevant deadline. But the court held that Amelio did not allege facts showing that either statutory basis for removing a criminal case applied. He did not allege that he was a federal officer or armed-forces member acting under official authority, nor did he claim that he could not enforce a right to racial equality or another equal-civil-rights protection in Dover Town Court. His challenge to the traffic stop and tickets was not enough to support removal.

Disposition

The court held that removal was improper and remanded the action to the Town Court of the Town of Dover, County of Dutchess. It directed the Clerk to send that court a copy of the order and close the federal case. All pending matters were terminated. Judge Jeannette A. Vargas signed the order.