Wells Fargo Bank, NA v. Brame et al, No. 1:2016cv00924 - Document 12 (S.D. Ohio 2016)

Court Description: DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 8 ). Signed by Judge Timothy S. Black on 10/27/2016. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Wells Fargo Bank, NA v. Brame et al Doc. 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION WELLS FARGO BANK, NA, Plaintiff, vs. THOMAS L. BRAME, SR., et al., Defendants. : : : : : : : : : Case No. 1:16-cv-924 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 8) This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on September 23, 2016, submitted a Report and Recommendation. (Doc. 8). No objections were filed. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby adopted in its entirety. Accordingly, IT IS ORDERED that: 1) Defendants’ construed petition for removal (see Doc. 1-1) is DENIED; 2) This matter is REMANDED to the state court; 3) Plaintiff’s motion to remand (Doc. 10) is DENIED as moot; Dockets.Justia.com 4) This matter is DISMISSED from the docket of this Court; Furthermore, the Court certifies that pursuant to 28 U.S.C. § 1915(a), an appeal of this Order would not be taken in good faith. Therefore, Defendants are denied leave to appeal in forma pauperis. Defendants remain free to apply to proceed in forma pauperis to the Sixth Circuit Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997). IT IS SO ORDERED. Date: 10/27/16 s/Timothy S. Black Timothy S. Black United States District Judge

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