United States District Court, D. Maryland
Richard D. Bennett, United States District Judge.
David Anthony Wiggins 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.
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. See ECF No. 1.
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. §
1442(a), or as a member of the ...