Keaau Pahoa Rd., 188- 736, Hawaii County, Hawaii v. M. KANANI LAUBACH, The Honorable, Individually

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ABBRA L. GREEN, a natural Person
residing at 16-566 Keaau Pahoa Rd., # 188-
736, Hawaii County, Hawaii; AUSTIN D.
MARTIN, Advocate, Husband of Petitioner,
Affected Party, Witness, a Natural Person
residing at 16-566 Keaau Pahoa Rd., # 188-
736, Hawaii County, Hawaii,
Plaintiffs-Appellants,
v.
M. KANANI LAUBACH, The Honorable,
Individually and in her official capacity as
Judge of the District Court of Hawaii
County, presiding at Hale Kaulike, 777
Kilauea Avenue, Hilo, Hawaii 96720-4212,
et all.,
Defendant-Appellee.
No. 22-16641
D.C. No. 1:22-cv-00444-DKW-
KJM
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Derrick Kahala Watson, District Judge, Presiding
Submitted June 26, 2023**
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 10 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-16641
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
The motion to proceed in forma pauperis on appeal (Docket Entry Nos. 4, 8)
is granted.
Abbra L. Green and Austin D. Martin appeal pro se from the district court's
order remanding for lack of subject matter jurisdiction their case to the Third
Circuit Court for the State of Hawai‘i. We have jurisdiction under 28 U.S.C.
§ 1291. BP PLC v. Mayor & Council of Baltimore, 141 S. Ct. 1532 (2021) (where
28 U.S.C §§ 1442 or 1443 are asserted as grounds for removal, appellate courts
may review the entirety of the district court’s removal order). We review de novo
questions of subject matter jurisdiction. City of Oakland v. BP PLC, 969 F.3d 895,
903 (9th Cir. 2020). We affirm.
The district court properly remanded appellants’ action because appellants
attempted to remove a state court criminal proceeding and failed to meet the
requirements for removal under any of the relevant statutes. See 28 U.S.C.
§§ 1441, 1442, 1442a, 1443.
As requested by appellants (Docket Entry No. 7), the court considered the
opening brief submitted electronically on November 18, 2022 (Docket Entry No.
3). The Clerk will file the opening brief submitted at Docket Entry No. 3.
All other pending motions are denied as moot.
AFFIRMED.

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