Wells Fargo Bank, N.A. v. Benjamin et al

Filing 10

ORDER denying 4 Motion for Leave to Proceed in forma pauperis; Adopting Report and Recommendations -re 6 Report and Recommendations. This case is REMANDED to the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida, Case Number 2012-CA-007637-O. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 11/9/2016. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

WELLS FARGO BANK, N.A.,
Plaintiff,
v.

Case No: 6:16-cv-1655-Orl-41DCI

PATCHAIMMAL BENJAMIN,
WILSON BENJAMIN, BANCO
POPULAR NORTH AMERICA,
ORANGE COUNTY, OTHER
UNKNOWN PARTIES, THE SEVERAL
AND RESPECTIVE UNKNOWN
ASSIGNS SUCCESSORS IN
INTEREST, TRUSTEES OR OTHER
PERSONS and ALL CLAIMANTS,,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Defendant Patchaimmal Benjamin’s Application to
Proceed in District Court Without Prepaying (“Motion to Proceed,” Doc. 4). United States
Magistrate Judge David A. Baker submitted a Report and Recommendation (Doc. 6), in which he
recommends that the Motion to Proceed be denied and this case be remanded for want of subjectmatter jurisdiction.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees with the analysis set forth in the Report and
Recommendation. Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 6) is ADOPTED and CONFIRMED and
made a part of this Order.

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2. The Application to Proceed in District Court Without Prepaying (Doc. 4) is
DENIED.
3. This case is REMANDED to the Circuit Court of the Ninth Judicial Circuit, in and
for Orange County, Florida, Case Number 2012-CA-007637-O.
4. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on November 9, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Party
Clerk of the Court of the Ninth Judicial Circuit in and for Orange County, Florida

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