Opinion
Case No. 3:14cv328
10-10-2014
INLAND CORPORATION, et al., Plaintiffs, v. T.E.P., LLC, et al., Defendant.
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE IN THEIR ENTIRETY (DOC. #2) AND OVERRULING DEFENDANT'S OBJECTIONS THERETO (DOC. #3); DEFENDANT PAYNE'S REQUEST FOR PERMISSION TO FILE NOTICE OF REMOVAL IN FORMA PAUPERIS DENIED; DIRECTION TO THOMAS PAYNE
Pursuant to the reasoning and citations of authority set forth by the United States Magistrate Judge, in his Report and Recommendations filed October 2, 2014 (Doc. #2), said judicial filing is adopted in its entirety. The Defendant Thomas Payne's Objections to the Report and Recommendations (Doc. #3) are overruled.
Given that the captioned cause is both non-removable, as it lacks complete diversity of citizenship, removal would be barred by the passage of time. Given that removal in forma pauperis would be a vain act, the motion is denied.
The Defendant Thomas Payne has two options in this matter. First, he is more than welcome to pay the filing fee required by removal efforts, in a non-m forma pauperis situation, realizing that he would face the same obstacles to removal as set forth by the Magistrate Judge and the Court herein or, second, he may simply dismiss the captioned cause. Said Defendant must notify the Court as to his wishes with regard to the two options set forth above not later than ten (10) calendar dates from above. October 10, 2014
/s/_________
WALTER HERBERT RICE
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of record
Thomas Payne, Pro Se