ORDER
OWENS, Chief Judge.
Presently before the court is petitioner James Gary Waller's petition to remove the pending criminal prosecution for driving under the influence of intoxicants, brought in the Probate Court of Upson County, Thomaston, Georgia, to this court. Petitioner contends that 28 U.S.C. § 1442 provides this court with subject matter jurisdiction to entertain this criminal prosecution. This section provides in relevant part that,
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