Lamphere v. Kurt

Filing 12

ORDER: This matter is before the court following removal from the Iowa District Court for Jones County. The defendant did not submit the appropriate filing fee. And, it appears the defendant did not comply with the court's rules regarding remov al or federal law regarding removal. Accordingly, the court deems it appropriate to remand this case back to the Iowa District Court for Jones County. The clerk's office is directed to take the appropriate steps to effectuate such remand. Addit ionally, the clerk's office is directed to satisfy or terminate all of the motions that are pending in this action. (See order text) Signed by Chief Judge Linda R Reade on 12/14/11. (Copy w/NEF to Plf; certified copy docket sheet and order remanding to Jones County Clerk) (ksy)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION

RICHARD A. LAMPHERE,
Plaintiff,

No. C11-0101-LRR

vs.
ORDER

MARVIN KURT,
Defendant.
____________________________

This matter is before the court following removal from the Iowa District Court for
Jones County. Such removal occurred on September 30, 2011. The defendant did not
submit the appropriate filing fee. See 28 U.S.C. § 1914(a) (“The clerk of each district
court shall require the parties instituting any civil action, suit or proceeding in such court,
whether by original process, removal or otherwise, to pay a filing fee of $350 . . . .”); see
also LR 3(d) (requiring fee that is prescribed by statute). And, it appears that the
defendant did not comply with the court’s rules regarding removal or federal law regarding
removal. See LR 81(a)(1) (stating that, “[w]hen a civil case is removed to this court from
a state court, along with the notice of removal and the proper filing fee, the removing party
also must file under the same docket entry as the notice of removal the following: 1.
Copies of all process, pleadings, and orders filed in the state case . . .”); 28 U.S.C. §
1446(a) (requiring removing party to file “a copy of all process, pleadings, and orders
served upon such defendant”).1 Accordingly, the court deems it appropriate to remand this
1

The court notes that the defendant filed the petition that the plaintiff signed on July
18, 2011 and the Iowa District Court for Jones County filed on August 1, 2011, but the
defendant did not file the amended petition that the Iowa District Court for Jones County
(continued...)

case back to the Iowa District Court for Jones County. The clerk’s office is directed to
take the appropriate steps to effectuate such remand. Additionally, the clerk’s office is
directed to satisfy or terminate all of the motions that are pending in this action.
IT IS SO ORDERED
DATED this 14th day of December, 2011.

1

(...continued)
filed on September 27, 2011. Iowa state court criminal and civil records may be accessed
at the following address: http://www.iowacourts.gov/Online_Court_Services/. See Stutzka
v. McCarville, 420 F.3d 757, 760 n.2 (8th Cir. 2005) (addressing court’s ability to take
judicial notice of public records).
2