Floyd v. San Jose Police Department

Background

The court had stayed Michael Devin Floyd’s federal claims under the rule requiring federal courts to avoid interfering with certain ongoing state criminal proceedings. The opinion says Floyd was representing himself and had a pending state prosecution involving, among other things, carrying a concealed firearm in a vehicle.

Floyd later filed a notice seeking to remove—that is, transfer—the state criminal prosecution to federal court. He also asked for leave to file a motion asking the court to reconsider its earlier order staying the federal case.

Court’s analysis

The court denied leave to file the reconsideration motion because it concluded that the earlier stay decision was correct and that Floyd did not satisfy any ground for reconsideration under Local Rule 7-9(b).

The court ordered summary remand, meaning an expedited return of the removed criminal case to state court. It identified two independent reasons. First, federal law generally requires a notice removing a state criminal prosecution to be filed no later than 30 days after arraignment or before trial, whichever is earlier. Floyd had been arraigned almost a year earlier, and the court found no good cause for allowing the late filing.

Second, the court considered the civil-rights removal statute and concluded that Floyd lacked a qualifying basis for removal. The statute applies when a person is denied, or cannot enforce in state court, a federal right stated in terms of racial equality. The court said Floyd’s complaints about the pace of his state trial, adverse rulings by state judges, and alleged due-process violations involved rights of general applicability rather than the required specific civil-rights protection. It also said Floyd could not show that he was unable to enforce any such right in California courts. In a footnote, the court added that another removal provision did not apply because it is available only to state or federal officers or people assisting them.

Disposition

Judge Charles R. Breyer denied leave to file a motion for reconsideration and summarily remanded the case to state court. The court stated that it would accept no further filings from Floyd concerning the stay until the state proceeding had run its course. It also noted the statutory restriction that a second removal notice may be filed only on grounds that did not exist when the original notice was filed.