Opinions of the United
2006 Decisions States Court of Appeals
for the Third Circuit
11-6-2006
Comm of PA v. Vora
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-3295
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"Comm of PA v. Vora" (2006). 2006 Decisions. Paper 240.
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ALD-33 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-3295
________________
COMMONWEALTH OF PENNSYLVANIA
v.
DR. CHANDAN S. VORA,
Appellant
On Appeal From the United States District Court
For the Western District of Pennsylvania
(D.C. Civ. No. 06-cv-00106-GD)
District Judge: Honorable Gustave Diamond
_______________________________________
Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B)
October 26, 2006
Before: SLOVITER, CHAGARES AND NYGAARD, CIRCUIT JUDGES
(Filed: November 6, 2006)
OPINION
PER CURIAM
Chandan S. Vora appeals from the May 24, 2006 order of the United States
District Court for the Western District of Pennsylvania dismissing pursuant to 28 U.S.C. §
1915(e)(2)(B) her “Petition for Removal” for lack of jurisdiction.
In May 2006, Dr. Chandan Vora filed a motion to proceed in forma pauperis and a
“Petition for Removal.” In that petition, Vora attempted to remove two City of
Johnstown summonses charging Vora with driving with an unsecured load, a summary
traffic offense under 75 Pa. C.S.A. § 4903, and scattering rubbish in violation of 18 Pa.
C.S.A. § 6501 (another summary offense), two arrest warrants issued for her failure to
appear on the summonses, a request for suspension of Vora’s driver’s license for failure
to respond to the traffic summons and to pay the fines and costs, and a criminal complaint
and trial notice, both filed September 22, 2005, alleging a municipal code violation with
respect to certain motor vehicles on Vora’s property. She submitted a sizeable volume of
medical records in support of her claim that City of Johnstown officials of Italian descent
and others conspired to violate her civil rights.
On May 24, 2006, the District Court dismissed the “Petition for Removal,”
concluding that the petition sought to attack a criminal proceeding over which the District
Court had no jurisdiction and that the pleadings failed to state a claim upon which relief
could be granted. Vora immediately moved to vacate the dismissal order, claiming that
the City of Johnstown officials were part of a much larger conspiracy that began in the
1970’s and involved the Prime Minister of India, among others. The District Court
treated the motion as a timely filed reconsideration motion and denied it for the same
reasons set forth in its original dismissal order. This timely appeal followed.
Vora was granted leave to proceed in forma pauperis, and the appeal is now before
the Court for determination pursuant to 28 U.S.C. § 1915(e)(2)(B). The Court must
dismiss an appeal if it (i) is frivolous or malicious, (ii) fails to state a claim upon which
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relief may be granted, or (iii) seeks monetary damages from a defendant with immunity.
An action or appeal may be dismissed under § 1915(e)(2)(B) for either legal or factual
reasons. Neitzke v. Williams, 490 U.S. 319, 325 (1989).
After reviewing Vora’s District Court pleadings and notice of appeal, we conclude
that the District Court correctly dismissed the “Petition For Removal” for lack of
jurisdiction and properly denied the reconsideration motion. Vora petitioned for removal,
presumably under the civil rights removal statute, 28 U.S.C. § 1443, alleging that city
personnel engaged in harassing prosecutions in violation of her civil rights. The civil
rights removal statute applies only to the removal of state court proceedings. Id.; see also
28 U.S.C. § 1447(a). Here, the citations, summonses, complaints and warrants entail
summary proceedings before a district justice and the license suspension request is an
administrative matter. Assuming in Vora’s favor that the civil rights removal statute
applies to such proceedings, her rambling, generalized, and unsupported allegations do
not meet the specific criteria for § 1443 removal. See City of Greenwood v. Peacock, 384
U.S. 808, 827 (1966); Ronan v. Stone, 396 F.2d 502, 503 (1st Cir. 1968). We have no
independent reason to believe that the City of Johnstown will not afford Vora any process
she is due.
Having found no legal merit to this cause, we will dismiss the appeal pursuant to
28 U.S.C. § 1915(e)(2)(B). Vora’s motions for injunctive relief are denied.
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