Mason v. Kentucky, 3:13-cv-00277

Plaintiff Amen.Talib:Bey is Jason O. Mason, proceeding pro se and in forma pauperis against the Commonwealth of Kentucky and Louisville Metro Government.
The Court notes Plaintiff used a pseudonym and orders the caption changed to Jason O. Mason aka Amen.talib:bey.
Plaintiff seeks removal under 28 U.S.C. § 1443, alleging denial of travel rights and a challenge to Kentucky as a fictitious entity.
Federal courts are courts of limited jurisdiction and must be affirmatively shown to have authority over a case.
The Court analyzes § 1443(1) and concludes Plaintiff fails to show a denial of a federally protected right and a formal expression of state law.
The Court also concludes § 1443(2) does not authorize removal here because Plaintiff is not a federal or state officer or assistant to a federal officer; thus the case lacks jurisdiction and will be dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 1443(1) removal is proper	Talib Bey claims rights denied under federal law.	Removal under § 1443(1) requires a race-based federal right and a state-law denial of enforcement.	Not proper under § 1443(1).
Whether § 1443(2) removal applies	Removal under color of authority because rights are protected by federal law.	§ 1443(2) applies to federal officers or those assisting them, not to Plaintiff.	Not applicable under § 1443(2).
Whether use of a pseudonym affects jurisdiction			Court directs caption be changed; pseudonym issue does not alter dismissal for lack of jurisdiction.
Whether the court has subject-matter jurisdiction to hear the case			Court lacks jurisdiction; action dismissed under Fed. R. Civ. P. 12(h)(3).

Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) (mandatory jurisdictional inquiry by federal courts)
Hudson v. Coleman, 347 F.3d 138 (6th Cir. 2003) (federal courts are courts of limited jurisdiction)
Heartwood, Inc. v. Agpaoa, 628 F.3d 261 (6th Cir. 2010) (courts police the boundaries of jurisdiction)
Johnson v. Mississippi, 421 U.S. 213 (1975) (two-pronged test for § 1443(1) removal)
State of Georgia v. Rachel, 384 U.S. 780 (1966) (denial must be expressed in state law; rights must be racial in nature)
City of Greenwood v. Peacock, 384 U.S. 808 (1966) (§ 1443(1) requirements and race-based rights)
United States ex rel. Sullivan v. State of Missouri, 588 F.2d 579 (8th Cir. 1978) (§ 1443 is limited to denial of racial equality rights)
Detroit Police Lieutenants and Sergeants Ass’n v. City of Detroit, 597 F.2d 566 (6th Cir. 1979) (clarifies § 1443(2) scope for officers)
Dotson v. Bravo, 321 F.3d 663 (7th Cir. 2003) (filing under false name discussion (relevance to pseudonym))