UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

PEOPLE OF THE STATE OF COLORADO, CITY OF COLORADO SPRINGS,

Plaintiff - Appellee,

v.

GEORGE ALLEN WILLIAMS,

Defendant - Appellant.	No. 02-1402

(D.C. No. 02-CR-299-Z)

(D. Colorado)

ORDER AND JUDGMENT*

Before SEYMOUR, MURPHY, and O'BRIEN, Circuit Judges.

George Allen Williams moves pro se for leave to proceed in forma pauperis on his appeal of the district court's summary remand of his state criminal prosecution and its subsequent denial of his motion for reconsideration. For the reasons set forth below, we deny his motion and dismiss the appeal.

To be granted in forma pauperis status, Mr. Williams must demonstrate the existence of a reasoned, nonfrivolous argument on the law and the facts in support of reversing the district court's dismissal of his action. See DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir. 1991). Mr. Williams cannot meet this burden.

Mr. Williams attempted to remove the Colorado state criminal prosecution against him to federal court under 28 U.S.C. § 1443(2). However, as the district court explained in both of its orders, that provision applies only to "federal officers or agents and those authorized to act with or for them in affirmatively executing duties under any federal law providing for equal civil rights." City of Greenwood, Miss. v. Peacock, 384 U.S. 808, 824 (1966). Mr. Williams has presented no argument or evidence that he is a federal officer or assisted a federal officer in performing official duties providing for equal rights. Because his appeal is therefore frivolous, he fails to meet the standard for in forma pauperis status and his appeal must be dismissed under 28 U.S.C. § 1915(e)(2)(B)(I).

Accordingly, we DENY the motion to proceed in forma pauperis and DISMISS the appeal.

ENTERED FOR THE COURT

Stephanie K. Seymour

Circuit Judge