Opinion
Case No. 1:02-CV-59
April 11, 2002
ORDER
Currently before the Court is a "Motion for the United States District Court to Reconsider and to Reinstate the Jurisdiction of the United States District Court on the Notice of Removal commencing this Case No." filed by pro se defendant in this case, Timothy Gene Wagner ("Wagner"), on March 26, 2002. Plaintiff in this case, Larry Martz ("Martz") originally filed a petition pro se in the Whitley Superior Court on February 15, 2002. Martz's petition alleged that he was a resident of Indiana and sought a possessory order or replevin. On March 11, 2002, Wagner removed the case to this Court. This Court remanded to the Whitley Superior Court on March 13, 2002 on the ground that no federal jurisdiction exists under either the diversity of citizenship or federal question doctrines.
Wagner's most recent filing is a rambling, thirty-one page document, the meaning of which is difficult to decipher. Wagner includes a section entitled "Jurisdiction over the Diversity of Citizenship," the sole content of which contains "Indiana State Republic v. Ohio State Republic; Involving: unorganized Militia." In another section of Wagner's filing, he states, "the undersigned Citizen and the character of the land* and the `unalienable' righteousness of the (religious) activities of the Spiritual Organism in practice by the Body of Christ (Citizens of Heaven, in `Embassy' as posted at 3085 So. 150 East, Columbia City, Indiana) . . ." Finally, Wagner includes a counter-complaint against Martz, which quantifies his damages, in part, in "grains .900 fine gold alloy."
The Court notes that motions to reconsider are "quite circumscribed methods of correcting manifest errors of law or fact or to present newly discovered evidence." In re August, 1992 Regular Grand Jury, 854 F. Supp. 1403, 1406 (S.D.Ind. 1994) (internal citations omitted.) The Court cannot discern from the face of Wagner's motion to reconsider any such error of law or fact or newly discovered evidence. To the extent that Wagner seeks to base jurisdiction on diversity of citizenship, he has not disproved Martz's statement in the Whitley Superior Court petition that Martz is a resident of Indiana. Moreover, the Court is at a loss as to the value of "grains .900 fine gold alloy" for purposes of calculating the requisite amount in controversy. Finally, Wagner has not identified any federal question in Martz's original petition which would confer jurisdiction on this Court. Accordingly, Wagner's motion to reconsider is hereby DENIED.
SO ORDERED