People of the State of New York v. Watson

Background

Robert Watson, appearing without a lawyer, filed a notice seeking to remove a state criminal case to the federal district court. The notice did not identify the criminal case. It named Matthew W. Daloisio, an attorney with the Neighborhood Defender Service of Harlem, as the plaintiff and Watson’s deceased mother, Evelyn Watson, as a defendant.

The court had previously allowed Watson to proceed without paying court fees in advance. The court concluded that Daloisio and Evelyn Watson were not proper parties to this removal action.

Legal standard

Under 28 U.S.C. § 1455, a defendant seeking to remove a state criminal prosecution must file a signed notice identifying the grounds for removal and include copies of the relevant documents served in the state case. If removal is impermissible from the face of the notice, the federal court must send the matter back to state court.

The court explained that potentially removable state criminal cases include prosecutions against federal officers or members of the armed forces for actions taken in their official roles, and prosecutions in which the defendant cannot enforce federal equal-rights protections in state court. The defendant bears the burden of establishing federal jurisdiction, and doubts are resolved against removal.

Application

Watson did not identify the criminal case he sought to remove. He also did not allege that he was a federal officer or member of the armed forces being prosecuted for actions taken in an official role. Nor did he allege facts showing that he could not enforce his federal equal-rights protections in the state criminal proceeding.

Order

The court granted Watson 30 days’ leave to file an amended notice of removal. The amended notice must identify the People of the State of New York as the plaintiff, Robert Watson as the defendant, the criminal case he seeks to remove, and the grounds supporting federal jurisdiction. The court directed the clerk to terminate Matthew W. Daloisio and Evelyn Watson from the action because they are not proper parties. If Watson does not file the amended notice within the permitted time, the court will dismiss the action and direct the clerk to enter judgment.

Classification

This is a procedural order because the court addressed the requirements for attempting to move a state criminal case to federal court and allowed amendment; it did not decide the underlying criminal matter.