The People of The State of New York v. Yarborough

Background

Davon Yarborough, representing himself, filed a notice of removal seeking to move his criminal case from the Criminal Court of the City of New York, Bronx County, to the Southern District of New York. The state case was identified as No. CR-026686-23BX.

Yarborough alleged that on November 17, 2023, New York City police officers approached him after he pulled over to get gas at a Bronx gas station. He alleged that officers arrested him after he refused to provide identification and searched his person and vehicle without his consent. He asserted claims involving an allegedly false arrest and imprisonment without probable cause, unreasonable searches and seizure under the Fourth Amendment, fingerprinting in violation of the Fifth Amendment right against self-incrimination, and violation of his Fourteenth Amendment right to travel.

Removal requirements

Federal law permits removal of a state criminal prosecution only in limited circumstances. The removing defendant generally must file the notice no later than 30 days after arraignment or before trial, whichever is earlier, and must include copies of the process, pleadings, and orders served in the state case. A criminal case may also be removed in circumstances involving a federal officer or armed-forces member prosecuted for actions taken under official authority, or when the defendant is denied or cannot enforce in state court a right to equal civil rights under federal law.

Court’s analysis

The court held that Yarborough did not satisfy the procedural requirements. His notice did not state facts showing that it was filed within 30 days after his arraignment, and it did not include information about or documents from the state criminal proceeding.

The court also held that Yarborough had not shown any statutory basis for removal. He did not allege that he was a federal officer or member of the armed forces prosecuted for actions taken under official authority. Nor did he allege facts showing that he could not enforce an equal-rights protection in New York state court. The court explained that his allegations focused on the claimed violations during his arrest, rather than on the state-court proceeding itself.

Disposition

The court concluded that removal was improper and remanded the action under 28 U.S.C. § 1455(b)(4) to the Criminal Court of the City of New York, Bronx County. The clerk was directed to send that court a copy of the order and close the federal case. All other pending matters were terminated.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The opinion did not decide whether Yarborough’s arrest, searches, fingerprinting, or other alleged constitutional violations actually occurred or violated the law.