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of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending: (1) The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue. (2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States. (3) Any officer of the courts of the United States, for any act under color of office or in the performance of his duties; (4) Any officer of either House of Congress, for any act in the discharge of his official duty under an order of such House. (b) A personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State, wherein jurisdiction is obtained by the State court by personal service of process, may be removed by the defendant to the district court of the United States for the district and division in which the defendant was served with process. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 938; Pub. L. 104-317, title II, Sec. 206(a), Oct. 19, 1996, 110 Stat. 3850.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 76 and 77 (Mar. 3, 1911, ch. 231, Secs. 33, 34, 36 Stat. 1097, 1098; Aug. 23, 1916, ch. 399, 39 Stat. 532). Section consolidates sections 76 and 77 of title 28, U.S.C., 1940 ed. The revised subsection (a)(1) is extended to apply to all officers and employees of the United States or any agency thereof. Section 76 of title 28, U.S.C., 1940 ed., was limited to revenue officers engaged in the enforcement of the criminal or revenue laws. The procedural provisions of section 76 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title. (See reviser's notes under those sections.) Changes were made in phraseology. AMENDMENTS 1996 - Pub. L. 104-317, Sec. 206(a)(1), inserted "or agencies" after "officers" in section catchline. Subsec. (a). Pub. L. 104-317, Sec. 206(a)(2), struck out "persons" after "following" in introductory provisions and substituted "The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office" for "Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office" in par. (1). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 sections 1452, 2279aa-14; title 14 section 823a. -End- -CITE- 28 USC Sec. 1442a 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1442a. Members of armed forces sued or prosecuted -STATUTE- A civil or criminal prosecution in a court of a State of the United States against a member of the armed forces of the United States on account of an act done under color of his office or status, or in respect to which he claims any right, title, or authority under a law of the United States respecting the armed forces thereof, or under the law of war, may at any time before the trial or final hearing thereof be removed for trial into the district court of the United States for the district where it is pending in the manner prescribed by law, and it shall thereupon be entered on the docket of the district court, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine the cause. -SOURCE- (Added Aug. 10, 1956, ch. 1041, Sec. 19(a), 70A Stat. 626.) -MISC1- DERIVATION Section was from the Uniform Code of Military Justice, act May 5, 1950, ch. 169, Sec. 9, 64 Stat. 146, which was based on Article 117, Articles of War, act June 4, 1920, ch. 227, subch. II, Sec. 1, 41 Stat. 811, as amended June 24, 1948, ch. 625, title II, Sec. 242, 62 Stat. 642. -End- -CITE- 28 USC Sec. 1443 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1443. Civil rights cases -STATUTE- Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 938.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 74 (Mar. 3, 1911, ch. 231, Sec. 31, 36 Stat. 1096). Other provisions of section 74 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title. Words "or in the part of the State where such suit or prosecution is pending" after "courts of such States," were omitted as unnecessary. Changes were made in phraseology. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1447 of this title. -End- -CITE- 28 USC Sec. 1444 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1444. Foreclosure action against United States -STATUTE- Any action brought under section 2410 of this title against the United States in any State court may be removed by the United States to the district court of the United States for the district and division in which the action is pending. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 938; May 24, 1949, ch. 139, Sec. 82, 63 Stat. 101.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., Sec. 903 (Mar. 4, 1931, ch. 515, Sec. 3, 46 Stat. 1529). The procedural provisions of section 903 of title 28, U.S.C., 1940 ed., were omitted as covered by section 1446 of this title. Changes were made in phraseology. 1949 ACT This section corrects typographical errors in section 1444 of title 28, U.S.C. AMENDMENTS 1949 - Act May 24, 1949, inserted "court" between "State" and "may", and substituted "division" for "divisions". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2410 of this title; title 26 section 7424. -End- -CITE- 28 USC Sec. 1445 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1445. Nonremovable actions -STATUTE- (a) A civil action in any State court against a railroad or its receivers or trustees, arising under sections 1-4 and 5-10 of the Act of April 22, 1908 (45 U.S.C. 51-54, 55-60), may not be removed to any district court of the United States. (b) A civil action in any State court against a carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 11706 or 14706 of title 49, may not be removed to any district court of the United States unless the matter in controversy exceeds $10,000, exclusive of interest and costs. (c) A civil action in any State court arising under the workmen's compensation laws of such State may not be removed to any district court of the United States. (d) A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 939; Pub. L. 85-554, Sec. 5, July 25, 1958, 72 Stat. 415; Pub. L. 95-473, Sec. 2(a)(3)(A), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 95-486, Sec. 9(b), Oct. 20, 1978, 92 Stat. 1634; Pub. L. 103-322, title IV, Sec. 40302(e)(5), Sept. 13, 1994, 108 Stat. 1942; Pub. L. 104-88, title III, Sec. 305(b), Dec. 29, 1995, 109 Stat. 944; Pub. L. 104-287, Sec. 3, Oct. 11, 1996, 110 Stat. 3388.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 71 (Mar. 3, 1911, ch. 231, Sec. 28, 36 Stat. 1094; Jan. 20, 1914, ch. 11, 38 Stat. 278; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54). The words "or its receivers or trustees" were inserted in both subsections to make clear that nonremovable actions against a carrier do not become removable under section 1442 of this title when filed against court receivers or trustees. This was the unquestioned rule prior to the act of Aug. 23, 1916, ch. 399, 39 Stat. 532, amending section 76 of title 28, U.S.C., 1940 ed., and permitting removal of actions against officers of United States courts. The cases are in conflict as to whether under that amendment the case becomes removable when the carrier is in receivership or undergoing reorganization. The revised section resolves the conflict by denying the right of removal to receivers and trustees where it would be nonexistent if the carrier were the party defendant. Thus the subject matter rather than legalistic distinctions as to the identity of the parties is made determinative consideration. A reference in section 71 of title 28, U.S.C., 1940 ed., to sections 51-59 of title 45, U.S.C., 1940 ed., Railroads, was changed to "51-60." Such sections 51-59 embraced all of chapter 2 of said title 45 when the law on which such section 71 is based was enacted, but a new section (60) was added in 1939. Other provisions of section 71 of title 28, U.S.C., 1940 ed., appear in section 1441 of this title. Changes were made in phraseology. -REFTEXT- REFERENCES IN TEXT Section 40302 of the Violence Against Women Act of 1994, referred to in subsec. (d), is classified to section 13981 of Title 42, The Public Health and Welfare. -MISC2- AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-287 substituted "sections 1-4 and 5-10 of the Act of April 22, 1908 (45 U.S.C. 51-54, 55-60)" for "sections 51-60 of Title 45". 1995 - Subsec. (b). Pub. L. 104-88 substituted "carrier" for "common carrier" and "11706 or 14706" for "11707". 1994 - Subsec. (d). Pub. L. 103-322 added subsec. (d). 1978 - Subsec. (b). Pub. L. 95-486 substituted "$10,000" for "$3,000". Pub. L. 95-473 substituted "section 11707 of title 49" for "section 20 of Title 49". 1958 - Pub. L. 85-554 substituted "Nonremovable actions" for "Carriers; nonremovable actions" in section catchline and added subsec. (c). EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-287 effective July 5, 1994, see section 8(1) of Pub. L. 104-287, set out as a note under section 5303 of Title 49, Transportation. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of Pub. L. 104-88, set out as an Effective Date note under section 701 of Title 49, Transportation. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-554 applicable only in the case of actions commenced after July 25, 1958, see section 3 of Pub. L. 85-554, set out as a note under section 1331 of this title. -End- -CITE- 28 USC Sec. 1446 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS -HEAD- Sec. 1446. Procedure for removal -STATUTE- (a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action 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) The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within thirty days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter. If the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable, except that a case may not be removed on the basis of jurisdiction conferred by section 1332 of this title more than 1 year after commencement of the action. (c)(1) A notice of removal of a criminal prosecution shall be filed not later than thirty 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. (2) A notice of removal of a criminal prosecution shall include all grounds for such removal. A failure to state grounds which 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, the court shall make an order for summary remand. (5) If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and after such hearing shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the State court in which prosecution is pending, which shall proceed no further. (d) Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded. (e) If the defendant or defendants are in actual custody on process issued by the State court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into his custody and deliver a copy of the writ to the clerk of such State court. (f) With respect to any counterclaim removed to a district court pursuant to section 337(c) of the Tariff Act of 1930, the district court shall resolve such counterclaim in the same manner as an original complaint under the Federal Rules of Civil Procedure, except that the payment of a filing fee shall not be required in such cases and the counterclaim shall relate back to the date of the original complaint in the proceeding before the International Trade Commission under section 337 of that Act. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 939; May 24, 1949, ch. 139, Sec. 83, 63 Stat. 101; Pub. L. 89-215, Sept. 29, 1965, 79 Stat. 887; Pub. L. 95-78, Sec. 3, July 30, 1977, 91 Stat. 321; Pub. L. 100-702, title X, Sec. 1016(b), Nov. 19, 1988, 102 Stat. 4669; Pub. L. 102-198, Sec. 10(a), Dec. 9, 1991, 105 Stat. 1626; Pub. L. 103-465, title III, Sec. 321(b)(2), Dec. 8, 1994, 108 Stat. 4946; Pub. L. 104-317, title VI, Sec. 603, Oct. 19, 1996, 110 Stat. 3857.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., Secs. 72, 74, 75, 76 (May 3, 1911, ch. 231, Secs. 29, 31, 32, 33, 36 Stat. 1095, 1097; Aug. 23, 1916, ch. 399, 39 Stat. 532; July 30, 1977, Pub. L. 95-78, Sec. 3, 91 Stat. 321.) Section consolidates portions of sections 74, 75, and 76 with section 72 of title 28, U.S.C., 1940 ed., with important changes of substance and phraseology. Subsection (a), providing for the filing of the removal petition in the district court, is substituted for the requirement of sections 72 and 74 of title 28, U.S.C., 1940 ed., that the petition be filed in the State court. This conforms to the method prescribed by section 76 of title 28, U.S.C., 1940 ed., and to the recommendation of United States District Judges Calvin W. Chesnut and T. Waties Warring approved by the Committee of the Judicial Conference on the Revision of the Judicial Code. Subsection (b) makes uniform the time for filing petitions to remove all civil actions within twenty days after commencement of action or service of process whichever is later, instead of "at any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead" as required by section 72 of title 28, U.S.C., 1940 ed. As thus revised, the section will give adequate time and operate uniformly throughout the Federal jurisdiction. The provisions of sections 74 and 76 of title 28, U.S.C., 1940 ed., for filing at any time "before trial or final hearing" in civil rights cases and cases involving revenue officers, court officers and officers of either House of Congress were omitted. Subsection (c) embodies the provisions of sections 74 and 76 of title 28, U.S.C., 1940 ed., for filing the removal petition before trial and makes them applicable to all criminal prosecutions but not to civil actions. This provision was retained to protect Federal officers enforcing revenue or criminal laws from being rushed to trial in State courts before petition for removal could be filed. Words "or final hearing" following the words "before trial," were omitted for purposes of clarity and simplification of procedure. The provision of said section 76 of title 28, U.S.C., 1940 ed., for certificate of counsel that he has examined the proceedings and carefully inquired into all matters set forth in the petition and believes them to be true, was omitted as unnecessary and inconsistent with Rule 11 of the Federal Rules of Civil Procedure. Subsection (d) is derived from sections 72 and 74 of title 28, U.S.C., 1940 ed., but the requirement for cost bond is limited to civil actions in conformity with the more enlightened trend of modern procedure to remove all unnecessary impediments to the administration of criminal justice. Provisions of said section 72 as to the conditions of the bond were rewritten because inappropriate when the petition for removal is filed in the Federal court. Subsection (e) provides for notice to the adverse parties and for the filing in the State court of a copy of the petition for removal in substitution for the requirements of sections 72 and 74 of title 28, U.S.C., 1940 ed., for the filing of the removal petition in the State court. The last sentence of subsection (e) is derived from sections 72, 74 and 76 of title 28, U.S.C., 1940 ed. Subsection (f) is derived from sections 75 and 76 of title 28, U.S.C., 1940 ed. Since the procedure in removal cases is now governed by the Federal Rules of Civil Procedure [Rule 81(c)] and Federal Rules of Criminal Procedure [Rule 54(b)], the detailed directions of the various sections with respect to such procedure were omitted as unnecessary. Thus the provision of section 72 of title 28, U.S.C., 1940 ed., with respect to appearance, special bail and filing the record were omitted as covered by the Federal Rules of Civil Procedure, Rules 64, 81(c). The provisions of section 74 of title 28, U.S.C., 1940 ed., as to the effect of security and other proceedings and remedies in the State court were omitted as covered by section 1450 of this title. The requirements of section 74 of title 28, U.S.C., 1940 ed., that the clerk of the State court shall furnish copies of pleadings and proceedings to the petitioner and that the petitioner shall file the same in the district court are covered by section 1447 of this title. The provisions of section 74 of title 28, U.S.C., 1940 ed., requiring the adverse parties to plead anew in the district court were omitted as unnecessary in view of Federal Rules of Civil Procedure, Rule 81(c). The last sentence of such section was omitted as covered by section 1447(d) of this title. 1949 ACT Subsection (b) of section 1446 of title 28, U.S.C., as revised, has been found to create difficulty in those States, such as New York, where suit is commenced by the service of a summons and the plaintiff's initial pleading is not required to be served or filed until later. The first paragraph of the amendment to subsection (b) corrects this situation by providing that the petition for removal need not be filed until 20 days after the defendant has received a copy of the plaintiff's initial pleading. This provision, however, without more, would create further difficulty in those States, such as Kentucky, where suit is commenced by the filing of the plaintiff's initial pleading and the issuance and service of a summons without any requirement that a copy of the pleading be served upon or otherwise furnished to the defendant. Accordingly the first paragraph of the amendment provides that in such cases the petition for removal shall be filed within 20 days after the service of the summons. The first paragraph of the amendment conforms to the amendment of rule 81(c) of the Federal Rules of Civil Procedure, relating to removed actions, adopted by the Supreme Court on December 29, 1948, and reported by the Court to the present session of Congress. The second paragraph of the amendment to subsection (b) is intended to make clear that the right of removal may be exercised at a later stage of the case if the initial pleading does not state a removable case but its removability is subsequently disclosed. This is declaratory of the existing rule laid down by the decisions. (See for example, Powers v. Chesapeake etc., Ry. Co.,

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