United States v. Drew

United States Court of Appeals
Fifth Circuit
F I L E D
June 21, 2005
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 04-51016
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIUS DREW, SR.,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
(1:04-CR-196-ALL-LY)
Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
Julius Drew, Sr., seeks leave to proceed in forma pauperis
(IFP) on appeal from the district court’s order remanding the state
court criminal actions against him following his filing of a notice
of removal pursuant to 28 U.S.C. § 1443. Drew is effectively
challenging the district court’s certification that he should not
be granted IFP status because his appeal is not taken in good
*
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this opinion should not be published and is not precedent except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.
faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997); 28
U.S.C. § 1915(a)(3); FED. R. APP. P. 24(a).
In state court, Drew pleaded guilty to charges of assault,
recklessly causing bodily injury to an elderly person, and the
unauthorized practice of law. As Drew did not allege that a
specific federal law protects the criminal conduct with which he
was charged, he has not shown that removal of the criminal actions
was appropriate under 28 U.S.C. § 1443. See City of Greenwood,
Miss. v. Peacock, 384 U.S. 808, 824-28 (1966). Furthermore, as
Drew filed his notice of removal over a year after he pleaded
guilty and was sentenced, his notice of removal was untimely. See
28 U.S.C. § 1446(c)(1).
Because Drew has failed to show that his case presented
nonfrivolous issues for appeal, we uphold the district court’s
order certifying that the appeal is not taken in good faith.
Drew’s request for IFP status is DENIED, and his appeal is
DISMISSED as frivolous. See Baugh, 117 F.3d at 202 & n.24; 5TH CIR.
R. 42.2. Drew’s remaining outstanding motions are also DENIED.
IFP DENIED; APPEAL DISMISSED AS FRIVOLOUS; ALL OUTSTANDING
MOTIONS DENIED
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