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State v. Hunter

United States District Court, E.D. Louisiana

December 15, 2014

LOUISIANA STATE,
v.
KYRON HUNTER, Section:

ORDER

NANNETTE JOLIVETTE BROWN, District Judge.

In this litigation, the Defendant in the proceedings below and the removing party here, Kyron J. Hunter, also known as Khara Amun Bey ("Hunter"), [1] has removed to this Court proceedings against him by Jefferson Parish related to six traffic offenses and one misdemeanor weapons offense, all of which have apparently resulted in the imposition of contempt penalties against him.[2] Pending before the Court is a "Motion to Dismiss for Untimely Removal, Lack of Subject Matter Jurisdiction, and Lack of Statement of Grounds for Removal"[3] filed by the State of Louisiana and a "Motion for Writ of Mandamus"[4] filed by Hunter. Having considered the record, the memoranda in support, the memorandum in opposition, and the applicable law, the Court will remand the matter to state court and dismiss his pending motion.

I. Background

A. Factual Background

In his removal filings, Hunter includes records and communication that appear to originate from the Second Parish Court in the Parish of Jefferson.[5] According to these documents, Hunter has been cited on seven different occasions for violations of traffic and weapons statutes, and has been found in contempt in proceedings related to each citation. Specifically, the documents state that:

(1) In Case Number S1062094, Hunter was cited on August 21, 2007 for "NO DRIVERS LICENSE, " "SPEEDING, " "EXPIRED LICENSE PLATE, " and "EXPIRED BRAKE TAG, " leading to a warrant of attachment, contempt fees, two missed arraignments for contempt, and a balance of $450.00 due as of February 19, 2014;
(2) In Case Number S1079794, Hunter was cited on March 8, 2008 for "DRIVING VEH WITH SUSPENDED LIC, " "EXPIRED BRAKE TAG, " "EXPIRED LICENSE PLATE, " "NO PROOF OF INSURANCE ON VEH, " leading to a warrant of attachment, contempt fees, two missed arraignments for contempt, and a balance of $450.00 due as of February 19, 2014;
(3) In Case Number S1242400, Hunter was cited on May 7, 2013 for "EXPIRED LICENSE PLATE, " "EXPIRED/NO BRAKE TAG, " "NO PROOF OF INSURANCE ON VEHICLE, " "DRIVING VEH WITH SUSPENDED LIC, " leading to a warrant of attachment, contempt fees, one missed arraignment for contempt, and a balance of $150.00 due on February 19, 2014;
(4) In Case Number S1097257, Hunter was cited on August 17, 2008 for "FAIL TO MAINTN CONTROL/C.O.M.V., " "DRIVING VEH WITH SUSPENDED LIC., " "NO PROOF OF INSURANCE ON VEH, " leading to a warrant of attachment, contempt fees, two missed arraignments for contempt, and a balance of $450.00 due as of February 19, 2014;
(5) In Case Number S1146499, Hunter was cited on January 21, 2010 for "SPEEDING" and "DRIVING VEH WITH SUSPENDED LIC, " leading to a warrant of attachment, contempt fees, two missed arraignments for contempt, and a balance of $450.00 due as of February 19, 2014;
(6) In Case Number S1117084, dated March 31, 2009, Hunter was cited for "ILLEGAL CARRYING OF WEAPONS, " leading to a warrant of attachment and contempt fees, two missed arraignments for contempt, and a balance of $450.00 due as of February 19, 2014;
(7) In Case Number 1190685, Hunter was assessed contempt fees, missed one arraignment for contempt, and has a balance of $300.00 due as of February 19, 2014.[6]

Hunter asserts that "[t]he state court has failed to recognize [his] nationality and status as a Moor and [his] protections under the Treaty of Peace and Friendship of Morocco and the United States which is a violation of birthright and Executive Order 13107."[7] He contends that he "challenged the state court's jurisdiction on the record, " but that the state court "never addressed this specific issue, " notwithstanding that "[t]he Moors... do not fall under the newly created state statutes but [t]he U.S. Constitution."[8]

Hunter argues that although he has "a nationality and a national name reflecting [his] nationality, " the Second Parish Court "continues referring to [him] by different credentials even after being corrected, " in violation of his human rights and the "special protections provided by but not limited to Executive Order 13107[.]"[9] He asserts that the Second Parish Court has "failed to prove any governmental authority and is therefore surrendering juris."[10] Finally, he argues that he "has not violated any laws under [t]he Constitution of the United States of America, and is therefore being sued by the state."[11]

Hunter's removal filings include documents apparently filed with the Second Parish Court for the Parish of Jefferson that: (1) reject the appointment of counsel, [12] (2) seek correction of his name to "Khara Amun Bey";[13] (3) demand that "an officer of the court" establish jurisdiction by, among other things, entering into the record a "Delegation of Authority Order" from State of Louisiana; seek documents establishing any criminal charges against him; and urge the court to dismiss the charges against him as unconstitutional;[14] (4) seek a "Certified Delegation of Authority Order' issued to The United States District Court for the District of Louisiana and confirmed by Congress;"[15] (5) assert that the State is in default for failing to provide him with "all evidence regarding this matter;"[16] (6) object to a psychological evaluation.[17] A second set of documents, filed into the record as a "Notice" on June 20, 2014, contains other correspondence.[18]

B. Procedural Background

On April 22, 2014, Hunter filed a "Notice of Removal" in this matter.[19] On September 29, 2014, the State filed a "Motion to Dismiss."[20] Hunter filed an opposition to that motion on October 23, 2014. On November 19, 2014, Hunter filed a "Motion for Writ of Mandamus."

II. Parties' Arguments

A. The State's Motion to Dismiss

In support of its "Motion to Dismiss, " the State asserts that this Court should "dismiss the action and remand the charges to Second Parish Court, " because (1) this Court "does not have subject matter jurisdiction over the state misdemeanor charges filed against [Hunter];" (2) because Hunter's removal was "untimely, " and (3) because Hunter's notice of removal lacked the "valid ...


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