United States District Court, M.D. Florida, Jacksonville Division
REPORT & RECOMMENDATION
PATRICIA D. BARKSDALE, UNITED STATES MAGISTRATE JUDGE
Lee Williamson has filed a “Notice of Removal in
Pursuant to the Jurisdiction and Removal Act of 1875, ”
Doc. 1, and a motion for leave to proceed in forma pauperis,
Doc. 2. Because he provides no valid basis for removal, the
undersigned recommends remand to the state court and denial
of the motion.
the caption of the notice, Mr. Williamson names himself as
the “Respondent, ” names Stephanie D. Jones and
the Florida Department of Revenue as the “Defendant,
” and provides information about the “Lower
Tribunal Case”: No. 2011-DR-10768-FM, Division FM-G,
Circuit Court, Fourth Judicial Circuit.
body of the notice, Mr. Williamson states:
I Arther Lee Williamson representing himself in pursuant to
28 U.S.C. 1654 do hereby says: This court does have
federal jurisdiction base upon constitutional tort.
pursuant to U.S.C. sec. 1332(a) and 28 U.S.C. sec.1446; The
district court shall have original jurisdiction of all civil
action where the matter in controversy exceeds the sum or
value of the amount shown in attachment.
1. I am a disable veteran and only receive $1068.36 dollars a
month; See attachment.
2. An order for a writ of bodily attachment issue by Judge
Lance M. Day; See attachment.
3. The purge is for the amount of $1, 500. Which I do not
have the ability to pay.
at 1 (errors in original).
Williamson quotes the Fourteenth Amendment and argues,
“The lower court did violate my procedure due process;
how they violated the 14the amendment? By issuing an order
for writ of bodily attachment knowing that I am a disable
veteran and how much I receive each month.” Doc. 1 at 2
(errors in original). He continues, “The 4th
judicial circuit has constant displayed bias and prejudice by
violating [his] 14th amendment right, which is why
[he] is requesting for a removal to Federal Court to insure
he receives justices in pursuant to constitutional
rights.” Doc. 1 at 2 (errors in original). He asks this
Court to void the writ and permanently enjoin the state court
from issuing any more writs. Doc. 1 at 2.
Williamson attaches the order authorizing an issuance of a
writ of bodily attachment. Doc. 1-1. In the order, Judge Day
finds Mr. Williamson failed to appear after notice, failed to
pay child support obligations, and has the ability to pay a
$1, 500 purge amount. Doc. 1-1 at 1. Judge Day holds that Mr.
Williamson is in arrears for $13, 855.74 through October 22,
2018, authorizes a writ of bodily attachment for failure to
pay child support, explains Mr. Williamson may secure his
release from the writ by paying the $1, 500 purge amount, and
reserves jurisdiction to determine the “pending
contempt issue.” Doc. 1-1 at 1-2.
Williamson also attaches a letter from the Florida Department
of Veterans' Affairs confirming that he receives
service-connected monthly compensation of $1, 068.36. Doc.
1-1 at 3.
the notice and motion to proceed in forma pauperis, Mr.
Williamson filed a motion for sanctions against Judge Day.
Doc. 3. This Court denied the motion for failure to include a
memorandum of law required by Local Rule 3.01(a). Doc. 4.
Williamson also filed a motion for a hearing “to
determine facts and evidence.” Doc. 6. In the motion,
he states, “This court does have federal jurisdiction
base upon constitutional tort. In pursuant to U.S.C. sec.
1332 (a) and 28 U.S.C. sec.1446; the district court shall
have original jurisdiction. A court may not use arrest
warrants or any form of seizure of property, suspension of
license etc. As a means of coercion payment of court debt
where individual has not been afforded constitutional