UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7662
JOHN FRANK BOWEN,
Plaintiff - Appellant,
versus
STATE OF NORTH CAROLINA,
Defendant - Appellee.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Statesville. Richard L. Voorhees,
District Judge. (CA-96-43-5-V)
Submitted: May 18, 1999 Decided: September 21, 1999
Before NIEMEYER and LUTTIG, Circuit Judges, and HALL,* Senior Cir-
cuit Judge.
Affirmed by unpublished per curiam opinion.
John Frank Bowen, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
*
Senior Judge Hall was assigned to the panel in this case but
died prior to the time the decision was filed. The decision is
filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d).
PER CURIAM:
Bowen appeals the district court’s order denying Bowen’s peti-
tion for removal of his state court criminal prosecution to federal
district court and denying his motion to restrain the State of
North Carolina. We have reviewed the record and the district
court’s opinion accepting the recommendation of the magistrate
judge and find no reversible error. Accordingly, we affirm. See
Bowen v. State of North Carolina, No. CA-96-43-5-V (W.D.N.C. Sept.
30, 1998). We note that Bowen’s notice of removal was improperly
filed because it was untimely. See 28 U.S.C.A. § 1446(c)(1) (West
1994 & Supp. 1999) (requiring that a notice of removal in a crim-
inal case be filed within thirty days after arraignment). Because
the notice of removal was untimely, the district court did not err
in failing to remand or to conduct an evidentiary hearing. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
2