Notice of Removal to
Federal Court
Legal Notice: The author of this page is not an attorney and is
posting this material hoping that it will be helpful. Unfortunately,
he can accept no liability if anything goes wrong after instructions
here are followed. Use at your own risk, please.
What is a notice of removal?
It is a procedure by a defendant to require all state and
subordinate courts and entities to stop pursuing a claim until a
federal question is resolved in favor of the plaintiff, or stop
pursuing it permanently if the defendant is correct in asserting
that the claim violates federal law.
It includes an immediate cease-and-desist order, which will impede
unfair enforcement until the federal court has a chance to evaluate
the case, which is known to be a wait of months or years.
Any legal filing is, simply, a written instruction to a court (more
specifically, the clerk of the court) that asks a judge to do
something. There are various rules and procedures for that purpose,
and most courthouses have forms for that purpose. But if you cannot
find a form that matches your needs exactly, then write something
that serves the purpose and submit it instead. The forms are our
servants, not our masters.
When you file the Notice of Removal, which must be done within 30
days of receiving a notice of claim from the plaintiff, you must
also notify the plaintiff and the court of appropriate jurisdiction
under which the plaintiff has filed the original claim.
Reference: 28
U.S. Code ยง 1446
and it refers to Federal
Rules of Civil Procedure Rule 11, which is on page 37 of the
linked file.
How to File:
You will be writing a letter to the Clerk of Court, Florida
Middle District Court. It's in Orlando. A personal visit may
be worthwhile.
In it, you will identify with impartial precision, no emotion, all
facts, what you are accused of, by whom, with names and addresses,
and explaining how your adversary is violating federal law in so
doing. Probable, per recent experience with arbitrary Rules and
Fines enforcement, is an explanation that the fine is imposed
without due process, the right to know exactly what the offense is
and who makes the complaint, and the right to argue in your defense.
Also, cite, in the absence of a known and clearly circulated
statement of rules that was available before the alleged infraction,
that there is the imposition of a penalty after the fact: an ex
post facto violation. Both of these findings are clear
violations of the Bill of Rights.
Important: Be sure to petition the federal court for an order that
holds harmless the COA and its board collectively from all legal
expense consequent to your action, including barring Tomoka
Management from paying legal fees and obtaining reimbursement from
the COA, while leaving unchanged the right of attorneys to require
payment for legal expenses from individual natural persons who are
responsible for the infractions. First, this request will help
protect us the innocent from undeserved legal expense. Second, it
will scare attorneys into doing as little as possible because they
will anticipate some difficulty getting paid. I am not optimistic
that a federal judge will cooperate with this request. But it's
worth a try. You are merely protecting the innocent from undeserved
legal expense.
Try to get a receipt that you filed the notice, from the courthouse.
Then you can send copies of the receipt with copies of the original
filing to the plaintiff and the local court clerk: Volusia
County Courthouse. An adversary may disparage a copy of your
notice on your say-so only. An official receipt makes your copy much
harder to ignore.
If you have difficulty with writing and filing the Notice, do
remember that ordinary attorneys will have difficulty responding to
it. An imperfect filing may, therefore, be perfectly effective at
stopping the unwanted demands.
Disclaimer:
I have tried irregular legal tactics before, with comical
(spoiler alert: bad) results. When threatened with jail in 2019
partially due to lies told by my ex-wife and lawyers to judges, I
found a men's-rights blogger with little money and numerous
followers. A hundred dollars later, and I had publicity for my case
including my well-publicized predicament and my request to write to
the state government on my behalf. It didn't work. I went to jail.
Fortunately, the setting in minimum security = singularly
well-mannered men (who feared being demoted to being put with
violent thugs), absence of portable electronics, time spent is more
important than work accomplished, food handed over to us without our
doing any kitchen work, and exercise on schedule all vividly
reminded me of college. Time travel! I borrowed some textbooks and
read them, like an ordinary college student. My daughters (early
twenties) have asked about money for college tuition. No, jail is
cheaper.
Offered in good faith and with no guarantees.
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