Ashley Womack v. Rustin Wright ( 2017 )

Case: 16-41192 Document: 00513925022 Page: 1 Date Filed: 03/24/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-41192 FILED
Summary Calendar March 24, 2017
Lyle W. Cayce
Clerk
ASHLEY B. WOMACK,
Plaintiff - Appellee
v.
RUSTIN P. WRIGHT,
Defendant - Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:15-CV-601
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM:*
Appellant Rustin Wright appeals the district court’s remand of his case
to state court for lack of subject-matter jurisdiction. The district court found
that Wright could not remove his case pursuant to 28 U.S.C. § 1443 because
he has not alleged that his civil rights were violated due to race. After
reviewing his claims, we concur that Wright has not asserted a civil rights
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 16-41192 Document: 00513925022 Page: 2 Date Filed: 03/24/2017
No. 16-41192
claim that is removable under § 1443. Texas v. Gulf Water Benefaction Co., 679
F.2d 85, 86 (5th Cir. 1982) (“To gain removal to federal court under 28 U.S.C.
§ 1443, the defendant must show . . . the right allegedly denied it arises under
a federal law providing for specific rights stated in terms of racial equality . . .
.”).
AFFIRMED.
2