United States District Court, M.D. Pennsylvania
REPORT AND RECOMMENDATION
F. SAPORITO, JR. UNITED STATES MAGISTRATE JUDGE.
matter comes before the Court on a pro se notice of
removal. The defendant, Gloria Sun Jung Yun, is awaiting
disposition of summary proceedings before a state magisterial
district judge in the matter of Commonwealth v. Yun,
Docket No. MJ-43201-TR-0000283-2018 (Monroe Cty. Magis. Dist.
filed a pro se “Notice of Removal Per 28 USC
§ 455, ” which we liberally construe as a notice
of removal of criminal prosecution pursuant to 28 U.S.C.
§ 1455. See generally Mala v. Crown Bay
Marina, Inc., 704 F.3d 239, 244-46 (3d Cir. 2013)
(discussing a federal court's obligation to liberally
construe the filings of pro se litigants). We have
reviewed the notice pursuant to 28 U.S.C. § 1455(b)(4).
For the reasons set forth below, we recommend that the matter
be summarily remanded to the state magisterial district court
for further proceedings.
on the notice (Doc. 1), a copy of the traffic summons
attached to the notice (Doc. 1, at 9), and the publicly
available state court docket record, available at
appears that Yun was issued a traffic citation on December
20, 2017, for violation of a Stroudsburg, Pennsylvania,
borough ordinance that prohibits parking in a metered parking
space after time on the meter has expired. See Stroudsburg
Ordinance § 15-407 (adopted Nov. 10, 2015), available at
https://ecode360.com/31335998. The citation indicates that
the violation carries a fine of $50 plus costs or fees of
$61.96, for a total due of $111.96.
before January 31, 2018, Yun appeared before a state
magisterial district judge and moved to dismiss the charge on
jurisdictional grounds.  It is unclear from the record before
us whether the motion was denied or remains pending, but a
summary trial before the magisterial district judge is
scheduled to take place on March 29, 2018. On January 31,
2018, Yun filed the instant notice of removal.
1455 sets out the procedure for removal of criminal
prosecutions from state court. It provides as follows:
(a) Notice of removal.-A defendant or defendants desiring to
remove any criminal prosecution from a State court shall file
in the district court of the United States for the district
and division within which such prosecution is pending a
notice of removal signed pursuant to Rule 11 of the Federal
Rules of Civil Procedure and 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
or defendants in such action.
(b) Requirements.-(1) 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
(2) A notice of removal of a criminal prosecution shall
include all grounds for such removal. A failure to state
grounds that exist at the time of the filing of the notice
shall constitute a waiver of such grounds, and a second
notice may be filed only on grounds not existing at the time
of the original notice. For good cause shown, the United
States district court may grant relief from the limitations
of this paragraph.
(3) The filing of a notice of removal of a criminal
prosecution shall not prevent the State court in which such
prosecution is pending from proceeding further, except that a
judgment of conviction shall not be entered unless the
prosecution is first remanded.
(4) The United States district court in which such notice is
filed shall examine the notice promptly. If it clearly
appears on the face of the notice and any exhibits annexed
thereto that removal should not be permitted, ...