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States v. Wiggins

United States District Court, D. Maryland

September 19, 2016

STATE OF MARYLAND
v.
DAVID ANTHONY WIGGINS, Defendant.

          MEMORANDUM ORDER

          Richard D. Bennett, United States District Judge.

         Defendant David Anthony Wiggins[1] has been charged in the District Court of Maryland for Baltimore County with six (6) misdemeanor counts under Maryland state law:

1. Attaching unauthorized vehicle registration plate with intention to misrepresent vehicle ID in violation of Md. Code, Transp., § 14-107;
2. Failure to stop at stop sign in violation of Md. Code, Transp., § 21-707;
3. Failure to display registration card upon demand by police officer in violation of Md. Code, Transp., § 13-409;
4. Failure to display license on demand in violation of Md. Code, Transp., § 16-112;
5. Failure to attach vehicle registration plates at front and rear in violation of Md. Code, Transp., § 13-411; and
6. Unauthorized display and use of registration plate in violation of Md. Code, Transp., § 13-703.[2]

         Defendant's state court trial has been scheduled for October 3, 2016. See Notice of Trial Date, dated Aug. 17, 2016. On September 2, 2016, Defendant filed a “Notice of Removal” in this Court (ECF No. 1), pursuant to 28 U.S.C. §§ 1331-1446.[3] See ECF No. 1.

         STANDARD OF REVIEW

         Pursuant to 28 U.S.C. § 1455(a):

A defendant or defendants desiring to remove any criminal prosecution from a State court shall file in the district court of the United States . . . a notice of removal . . . containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant in such action.

28 U.S.C. § 1455(a). When a pending state criminal prosecution is removed to a federal district court, the court “shall examine the notice [of removal] promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand.” 28 U.S.C. § 1455(b)(4). “Removal may be permitted in certain civil rights cases, see 28 U.S.C. § 1443, or where the defendant is acting in his capacity as an officer of the United States, see 28 U.S.C. ยง 1442(a), or as a member of the ...


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