The People of The State of California v. Alfred McZeal

Opinion

THE PEOPLE OF THE STATE OF Case No. 8:24-cv-00089-JWH-JDE CALIFORNIA, ORDER REMANDING CASE TO Plaintiff, ORANGE COUNTY SUPERIOR COURT PURSUANT TO 28 U.S.C. v. § 1455(b)(4) ALFRED MCZEAL, JR, Defendant. On December 13, 2023, the People of the State of California filed in Orange County Superior Court and served upon Defendant Alfred McZeal, Jr., acriminal misdemeanor complaint for violating Tustin City Code § 5502(m)(3); McZeal’s arraignment was set for January 17, 2024. On January 16, 2024— one day before he was scheduled to be arraigned —McZeal removed this action to this Court, asserting federal question jurisdiction.* Pursuant to federal removal statutes, the removal of criminal matters is permitted only for cases against federal officers or agencies or members of the armed forces as defendants. See 28 U.S.C. §§ 1442 & 1442a. When a criminal case has been removed to federal court, the federal district court must remand the action if removal was not proper. See 28 U.S.C. § 1455(b)(4). Here, McZeal does not allege that he is, or was at the time of removal, a federal officer or member of the armed forces. Therefore, his removal of this case to this Court was not proper, see 28 U.S.C. §§ 1442 & 1442a, and this Court must remand the action, see 28 U.S.C. § 1455(b)(4). For the foregoing reasons, the Court hereby ORDERS that this action is REMANDED to Orange County Superior Court. Dated: April 8, 2024 MHA GNITED $F RTRs DISTRICT JUDGE * See Notice of Removal [ECF No. 1] 10-11; cf People ex rel. Gallo ». Acuna, 14 Cal. 4th 1090, 1108-09 (1997) (“Acts or conduct which qualify as public nuisances are enjoinable as civil wrongs or prosecutable as criminal misdemeanors... .”). * See generally id.