Amerson v. President, Fid. Inv. Co.

Full title: JOE L. AMERSON, Plaintiff, v. PRESIDENT, FIDELITY INVESTMENT COMPANY…

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Feb 26, 2014

Case No. 1:13-cv-918 (S.D. Ohio Feb. 26, 2014)

Opinion

Case No. 1:13-cv-918

02-26-2014

JOE L. AMERSON, Plaintiff, v. PRESIDENT, FIDELITY INVESTMENT COMPANY, Defendant.

Timothy S. Black

Judge Timothy S. Black

Magistrate Judge Stephanie K. Bowman

DECISION AND ENTRY: (1) ADOPTING THE REPORT AND

RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. 2);

(2) OVERRULING PLAINTIFF'S OBJECTIONS (Doc. 3); (3) DENYING

PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (Doc. 1);

(4) DENYING PLAINTIFF'S MOTION TO COMPEL (Doc. 4) AS MOOT;

(5) DIRECTING THAT THIS CASE BE REMANDED TO THE COMMON

PLEAS COURT OF HAMILTON COUNTY, OHIO; AND (6) TERMINATING

THIS CASE ON THE COURT'S DOCKET

This case is before the Court on the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman. (Doc. 2). The Magistrate Judge concludes that Plaintiff's removal of this case from state court to federal court is improper because 28 U.S.C. § 1441 gives defendants, not plaintiffs, the right to remove cases to federal court. (Doc. 4). Plaintiff filed a lengthy Objection to the Report and Recommendation of the Magistrate Judge in which Plaintiff fails to adequately address the specific conclusion of the Magistrate Judge, and instead, appears to argue the purported merits of his case. (Doc. 3). Plaintiff also filed a Motion to Compel Production of Documents from Defendant. (Doc. 4). These matters are ripe for decision.

As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), upon reviewing Plaintiff's filings and the comprehensive findings of the Magistrate Judge de novo, the Court: (1) ADOPTS the Report and Recommendation of the Magistrate Judge in its entirety (Doc. 2); (2) OVERRULES Plaintiff's Objections (Doc. 3); (3) DENIES Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 1); (4) DENIES Plaintiff's Motion to Compel (Doc. 4) as MOOT; (5) ORDERS that the Clerk REMAND this case to the Common Pleas Court of Hamilton County, Ohio; and (6) TERMINATES this case on the Court's docket, after the Clerk has entered judgment accordingly.

IT IS SO ORDERED.

_________________

Timothy S. Black

United States District Judge