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Mobley v. Fayette County Detention Center

United States District Court, E.D. Kentucky, Central Division, Lexington

May 22, 2014

KENNETH MOBLEY, aka AMIR KENNETH MOBLEY ISMA EL, Plaintiff,
v.
FAYETTE COUNTY DETENTION CENTER, et al., Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH M. HOOD, Senior District Judge.

Kenneth Mobley[1] is an inmate at the Fayette County Detention Center in Lexington, Kentucky. Proceeding pro se, Mobley has filed a "Notice of Removal" [R. 1]; a "Notice of Unlawful Action" [R. 2]; and a "Motion to Challenge Jurisdiction." [R. 3] Mobley has not paid the $400.00 in filing and administrative fees, nor filed a motion to proceed in forma pauperis.

In his "Notice of Removal, " Mobley asserts that jurisdiction over this action is vested with the United States Supreme Court, but he also has invoked this Court's removal jurisdiction under 28 U.S.C. § 1441, apparently seeking to remove "Case #14-F-756" from the Fayette Circuit Court. [R. 1, p. 1] Mobley separately asserts a "Cause of Action, " the subject matter of which appears to be the December 3, 2013, search of his apartment and his subsequent arrest by officers, which he contends was done without a proper warrant. Mobley also complains regarding events occurring during his confinement, including a guard's termination of a phone call with his attorney and his subsequent confinement in segregation. Id. at 2. He further contends that the judges presiding over his criminal proceedings lack jurisdiction over him because, as a foreign sovereign, he is not subject to the laws of Kentucky or of the United States. Id. at 3-5; R. 1-1, pp. 1-2.

Mobley's "Notice of Unlawful Action" asserts that state officials violated the Foreign Sovereign Immunities Act, codified at 28 U.S.C. §§ 1330, 1332, 1391(f), 1441(d), and 1602-1611 ("FSIA") by referring to him as "Kenneth Mobley" notwithstanding his asserted right to choose his own name. Mobley contends that state case #14-F-756 is therefore removable to this Court pursuant to 28 U.S.C. § 1441(d). [R. 2] Finally, in his "Motion to Challenge Jurisdiction, " Mobley contends that he cannot be prosecuted under or made subject to the laws of the United States or any of the several States because they do not apply to him. [R. 3, pp. 1-2]

This action is the latest effort by Mobley to interfere with past and ongoing criminal and civil actions instituted against him by Kentucky officials. See Mobley v. Kentucky District Court, No. 5:13-443-KSF (E.D. Ky. 2013) [R. 17, February 21, 2014, Order of Dismissal]. As with its predecessor, the Court will dismiss this action for lack of jurisdiction and remand it to the Fayette Circuit Court.

Mobley seeks to remove the state court criminal action pursuant to § 1441(d). That section provides:

Any civil action brought in a State court against a foreign state as defined in section 1603(a) of this title may be removed by the foreign state to the district court of the United States for the district and division embracing the place where such action is pending.

28 U.S.C. § 1441(d). Mobley's invocation of this provision is frivolous. Case No. #14-F-756 is a felony criminal action pending in Fayette Circuit Court. By its terms, § 1441(d) only permits the removal of state civil actions, not criminal actions. Cf. Thompson v. Scutt, No. 1:11-cv-573, 2011 WL 2745934, at *4-5 (W.D. Mich. July 13, 2011). More fundamentally, that section only permits removal of civil actions against a "foreign state" as defined in 28 U.S.C. § 1603(a). Only a "foreign state" possesses standing to seek removal under this provision, something Mobley plainly is not. See United States v. Curtiss-Wright Export Corp., 299 U.S. 304, 318-19 (1936).

Because Mobley has failed to establish any basis for this Court's jurisdiction, the Court will dismiss this matter and remand it to the Fayette Circuit Court for all further proceedings.

Accordingly, IT IS ORDERED that:

1. The Clerk of the Court shall modify the docket to identify the plaintiff as "Kenneth Mobley, a/k/a Amir Kenneth Mobley Isma El."

2. Mobley's Notice of Removal [R. 1] is DISMISSED for lack of jurisdiction, and this action is REMANDED to the Circuit Court of Fayette County, Kentucky.

3. The Clerk of Court shall FORWARD a certified copy of this Order to the Clerk of the Circuit Court of Fayette County, Kentucky, referencing Case No. #14-F-756.

4. The Circuit Court may proceed with this action without further impediment.

5. Mobley's "Motion to Challenge Jurisdiction" is DENIED.


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