In the Interest of a Minor M B v. Burnside

Justia Dockets & Filings Seventh Circuit Illinois Central District In the Interest of a Minor M B v. Burnside

In the Interest of a Minor M B v. Burnside

Plaintiff:	In the interest of a Minor M B
Defendant:	Nicole Renee Burnside
Case Number:	1:2024cv01241
Filed:	July 9, 2024
Court:	US District Court for the Central District of Illinois
Presiding Judge:	Jonathan E Hawley
Referring Judge:	Michael M Mihm
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1332 Diversity - Notice of Removal
Jury Demanded By:	None

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This docket was last retrieved on July 12, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 12, 2024	TEXT ORDER entered by Judge Michael M. Mihm on 7/12/2024. Ms. Burnside is a defendant in a state court child custody proceeding in Peoria County, Case No. 2023-JA-41. She has removed the state court proceeding to federal court, seeking to avoid the state court "kangaroo/incompeten[ce]" and multiple constitutional violations and infringements. (D. 1). She does not identify the removal statute at issue, and it appears that the only potentially applicable provision would be 28 U.S.C. Section 1443. Section 1443 allows removal of civil actions that are pending: (1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; (2)For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law. Under Section 1443 (1), the removing party must show that in the state custody action, she suffered the infringement of a specific federal civil rights law. See Washington v. People, 2014 WL 812400 (N.D. Ill. Mar. 3, 2014). Ms. Burnside has offered no such showing here. See Hooker v. Hooker, 2023 WL 5923984 (7th Cir. Sept. 12, 2023) ("cursory mention of civil rights violations does not provide [] jurisdiction under Section 1443"). Furthermore, there is nothing to suggest that she can proceed under subsection (2) which has been interpreted by the United States Supreme Court to allow removal only by federal and state officers and those acting under them," a status not alleged here. See Illinois v. Sadder-Bey, 2017 WL 2987159, at *2 (N.D. Ill. July 13, 2017)(citation omitted). There are two other bases for remand. As this Court has previously discussed in detail, several judicial doctrines prevent federal courts from adjudicating, reviewing, or otherwise interfering with a child custody case. See Bowersock v. Matherly, 2023 WL 6847548 (C.D. Ill. Oct. 17, 2023) (citing the Younger abstention doctrine, Rooker-Feldman doctrine, and domestic relations exception in finding no subject matter jurisdiction over child custody case). This is exactly what Ms. Burnside impermissibly requests of the Court. Moreover, Plaintiff filed her removal action on 07/10/2024, concerning a 2023 state court case. Under 28 U.S.C. Section 1446(b)(1), a Notice of Removal must be filed within 30 days of receiving service or a copy of the pleading setting forth a claim for relief, whichever period is earlier. The removal is well outside that timeframe, and the Court sees nothing on which to conclude that good cause could be shown for the extended delay. Accordingly, this matter is remanded back to the Tenth Judicial Circuit, Peoria County, Illinois, without apportionment of costs or expenses. The District Clerk is DIRECTED to mail a certified copy of this Order to the clerk of the state court. The state court may thereafter conduct all further proceedings in this case. The District Clerk is DIRECTED to amend the case name to include only the minor's initials and seal the Notice of Removal #1 because it contains a minors full name, in violation of Fed. R. Civ. P. 5.2(a). As a final note, the Court notes that Ms. Burnside similarly filed meritless notices of removal in three of her other state court cases. See C.D. IL Case Nos. 24-1239, 24-1240, and 24-1242. Ms. Burnside is WARNED that future similarly frivolous attempts to remove her state court cases to federal court will result in sanctions. See Fed. R. Civ. P. 11(c). This matter is now TERMINATED, the Clerk is DIRECTED to close this case. Civil Case Terminated. (VH)
July 9, 2024	Filing 1 NOTICE OF REMOVAL from Peoria County Circuit Court, case number 23-JA-000041 filed by Nicole Renee Burnside. (Attachments: #1 Peoria County Petition and Oath)(FDS)

Date Filed

Document Text

July 12, 2024

TEXT ORDER entered by Judge Michael M. Mihm on 7/12/2024. Ms. Burnside is a defendant in a state court child custody proceeding in Peoria County, Case No. 2023-JA-41. She has removed the state court proceeding to federal court, seeking to avoid the state court "kangaroo/incompeten[ce]" and multiple constitutional violations and infringements. (D. 1). She does not identify the removal statute at issue, and it appears that the only potentially applicable provision would be 28 U.S.C. Section 1443. Section 1443 allows removal of civil actions that are pending: (1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; (2)For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law. Under Section 1443 (1), the removing party must show that in the state custody action, she suffered the infringement of a specific federal civil rights law. See Washington v. People, 2014 WL 812400 (N.D. Ill. Mar. 3, 2014). Ms. Burnside has offered no such showing here. See Hooker v. Hooker, 2023 WL 5923984 (7th Cir. Sept. 12, 2023) ("cursory mention of civil rights violations does not provide [] jurisdiction under Section 1443"). Furthermore, there is nothing to suggest that she can proceed under subsection (2) which has been interpreted by the United States Supreme Court to allow removal only by federal and state officers and those acting under them," a status not alleged here. See Illinois v. Sadder-Bey, 2017 WL 2987159, at *2 (N.D. Ill. July 13, 2017)(citation omitted). There are two other bases for remand. As this Court has previously discussed in detail, several judicial doctrines prevent federal courts from adjudicating, reviewing, or otherwise interfering with a child custody case. See Bowersock v. Matherly, 2023 WL 6847548 (C.D. Ill. Oct. 17, 2023) (citing the Younger abstention doctrine, Rooker-Feldman doctrine, and domestic relations exception in finding no subject matter jurisdiction over child custody case). This is exactly what Ms. Burnside impermissibly requests of the Court. Moreover, Plaintiff filed her removal action on 07/10/2024, concerning a 2023 state court case. Under 28 U.S.C. Section 1446(b)(1), a Notice of Removal must be filed within 30 days of receiving service or a copy of the pleading setting forth a claim for relief, whichever period is earlier. The removal is well outside that timeframe, and the Court sees nothing on which to conclude that good cause could be shown for the extended delay. Accordingly, this matter is remanded back to the Tenth Judicial Circuit, Peoria County, Illinois, without apportionment of costs or expenses. The District Clerk is DIRECTED to mail a certified copy of this Order to the clerk of the state court. The state court may thereafter conduct all further proceedings in this case. The District Clerk is DIRECTED to amend the case name to include only the minor's initials and seal the Notice of Removal #1 because it contains a minors full name, in violation of Fed. R. Civ. P. 5.2(a). As a final note, the Court notes that Ms. Burnside similarly filed meritless notices of removal in three of her other state court cases. See C.D. IL Case Nos. 24-1239, 24-1240, and 24-1242. Ms. Burnside is WARNED that future similarly frivolous attempts to remove her state court cases to federal court will result in sanctions. See Fed. R. Civ. P. 11(c). This matter is now TERMINATED, the Clerk is DIRECTED to close this case. Civil Case Terminated. (VH)

July 9, 2024

Filing 1 NOTICE OF REMOVAL from Peoria County Circuit Court, case number 23-JA-000041 filed by Nicole Renee Burnside. (Attachments: #1 Peoria County Petition and Oath)(FDS)

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