STEVENS v. HAMILTON TOWNSHIP, 3:24-cv-05685

Plaintiff Calvin Taylor Stevens, an incarcerated pro se litigant, sought to remove his state criminal proceedings to federal court under 28 U.S.C. § 1455.
Stevens filed a lengthy, handwritten complaint alleging broad constitutional and civil rights violations by various New Jersey state and municipal court officials related to his prior criminal cases.
Plaintiff also sought to proceed in forma pauperis (IFP).
This case was Stevens’s twelfth filing in the District of New Jersey since 2015; he has a history of cases dismissed for failure to state a claim.
Stevens raised issues with the calculation of his jail "good time" credits, alleging deprivation of due process and equal protection, but did not assert rights violations based on race.
The court screened the complaint sua sponte under 28 U.S.C. § 1915(g) and evaluated whether Stevens could proceed IFP given the three-strike rule.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Removal from State to Federal Court	Removal required due to violations of constitutional and civil rights in state court proceedings.	Not specified; motion screened by court.	Motion to remove denied; procedural and substantive failures.
Timeliness and Procedure of Removal	Did not address timing or include supporting documents.	Not specified.	Motion untimely and procedurally deficient under § 1455.
Whether Complaint States a Federal Right Under § 1443(1)	Alleged general denial of due process/equal protection due to non-credit granting.	Not specified.	No specific federal right alleged; no race-based claim; removal improper.
3-Strikes Rule and IFP Eligibility	Not addressed.	Not specified.	Plaintiff subject to § 1915(g) bar; must prepay filing fees unless in imminent physical danger.

City of Greenwood v. Peacock, 384 U.S. 808 (removal under § 1443(1) limited to racial equality rights and state law preclusion)
Abdul-Akbar v. McKelvie, 239 F.3d 307 (discussing scope and application of the three-strikes IFP provision)