Johnson v. Wyandotte Cnty. Dist. Court

• Decision Date: 23 January 2023
• Docket Number: 23-3020-JWL
• Parties: RONALD JOHNSON, Plaintiff, v. WYANDOTTE COUNTY DISTRICT COURT, Defendant.
• Court: U.S. District Court — District of Kansas

RONALD JOHNSON, Plaintiff,
v.
WYANDOTTE COUNTY DISTRICT COURT, Defendant.

No. 23-3020-JWL

United States District Court, D. Kansas

January 23, 2023

MEMORANDUM AND ORDER

JOHN W. LUNGSTRUM UNITED STATES DISTRICT JUDGE

Plaintiff filed this matter as a “Notice for Removal.” Plaintiff asks to “settle WY. CO. District Court Case No. 22-CV-118.” (Doc. 1, at 1.) This is Johnson's third attempt to remove this case to this Court. See Johnson v. Wyandotte Cty. Dis't Court, Case Nos. 22-3295 and 223211. Both of these cases were remanded, finding that Johnson was attempting to remove a civil case he initiated in state court. The Court found that 28 U.S.C. § 1441(a) provides for the removal of civil actions by “the defendant or the defendants,” and does not provide for removal by a plaintiff.

In an apparent attempt to circumvent this Court's rulings in his prior removal actions, Johnson has listed “Defendant” after his name in the caption and has listed a 2001 criminal case-Case No. 01-CR-2150. However, in the body of his notice, Johnson asks to settle Case No. 22-CV-118, alleging that the State “defaulted.”

The Court warned Johnson in his prior cases that 28 U.S.C. § 1447(d) prohibits review of remand orders except in situations inapplicable to his cases. Johnson's current filing is an attempt to circumvent this Court's previous remand orders. Furthermore, the docket for Johnson's criminal Case No. 2001-CR-2150 reflects that the case is “disposed.” “A jury

1

convicted Johnson of first-degree premeditated murder for a murder committed in 2001.” State v. Johnson, 313 Kan. 339, 486 P.3d 544, 545 (Kan. Sup. Ct. April 30, 2021). The Kansas Supreme Court affirmed the conviction and sentence on direct appeal. Id. “Johnson later filed several motions for habeas relief under K.S.A. 60-1507 . . . [n]one led to any relief.” Id. (citations omitted).

Johnson has pointed to no authority for the proposition that removal of a closed criminal case is proper. The procedure for removal of criminal prosecutions is set forth in 28 U.S.C. § 1455, and provides that:

A notice of removal of a criminal prosecution shall be filed not later than 30 days after the arraignment in the State court, or at any time before trial, whichever is earlier except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time

28 U.S.C. § 1455(b)(1). “Critically, the...