Opinion
Case No. 1:18-cv-485
11-21-2018
U.S. BANK NATIONAL ASSOCIATION, Plaintiff, v. ROBERT SCOTT MERUSI, et al., Defendants.
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 5)
This case is before the Court pursuant to the Order of General Reference to United State Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and, on July 25, 2018, submitted a Report and Recommendation. (Doc. 5). 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 Recommendation should be and is hereby adopted in its entirety.
Accordingly:
1. The Report and Recommendation (Doc. 5) is ADOPTED;
2. Mr. Merusi's petition for removal of a state court action to this federal court is DENIED;
3. This action is REMANDED to the state court from which it was removed;
4. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket in this Court; and
5. Pursuant to 28 U.S.C. § 1915(a), an appeal of this Order would not be taken in good faith and therefore Mr. Merusi is denied leave to appeal in forma pauperis. Mr. Merusi may apply to proceed in forma pauperis in the Court of Appeals.
IT IS SO ORDERED. Date: 11/21/18
s/ Timothy S . Black
Timothy S. Black
United States District Judge