U S National Bank Association v. Franklin

Filing 11

MEMORANDUM ORDER: The court issued an order (Doc. 6) that granted an extension through 8/31/2011, and stated that no further extensions would be granted. More than a month has passed since the 8/31/2011 deadline. There is no evidence of record that t he filing fee has been paid. Just as the court would dismiss a complaint in the absence of a filing fee, it is appropriate to remand this case. Accordingly, subject to the stay set forth in the accompanying order, this case is remanded to the 236th Judicial District Court, Tarrant County, Texas, where this action was pending as Cause No. 236 252977 11. Signed by Magistrate Judge Mark L Hornsby on 10/4/2011. (crt,Alexander, E)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

U.S. NATIONAL BANK ASSOCIATION

CIVIL ACTION NO. 11-cv-1277

VERSUS

JUDGE HICKS

TOM FRANKLIN

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
U.S. Bank National Association, as Trustee (“Bank”), commenced a foreclosure
action in the 236th Judicial District Court, Tarrant County, Texas, based on allegations that
Tom Franklin defaulted on a loan secured by real estate in Fort Worth. The Bank alleged
that the outstanding principal balance on the loan is just over $95,200.
Mr. Franklin filed a Notice of Removal with this court, the Western District of
Louisiana, Shreveport Division. He alleges that he owns the house at issue and that Bank is
attempting to take it illegally “for racial and discriminatory reasons.” The Notice of Removal
invokes 28 U.S.C. § 1441(a) and 1442(a)(1). Those statutes require that a case be removed
to the federal court for the district and division embracing the place where the state court
action is pending. Fort Worth is far outside the bounds of this division, but Bank waived this
procedural defect when it failed to file a motion to remand within 30 days of the removal.
Mr. Franklin did not pay the $350 filing fee to remove this case. He filed a motion
for leave to proceed in forma pauperis, but he did not complete any of the income, debt, or
monthly living expense information required by the form. The court issued an order (Doc.
4) that denied the motion, ordered Mr. Franklin to pay the $350 filing fee within 30 days, and

warned that failure to do so could result in the petition being stricken. Mr. Franklin then
filed a motion for extension of time to pay the filing fee. The court issued an order (Doc. 6)
that granted an extension through August 31, 2011, and stated that no further extensions
would be granted.
More than a month has passed since the August 31, 2011 deadline. There is no
evidence of record that the filing fee has been paid. Just as the court would dismiss a
complaint in the absence of a filing fee, it is appropriate to remand this case. Accordingly,
subject to the stay set forth in the accompanying order, this case is remanded to the 236th
Judicial District Court, Tarrant County, Texas, where this action was pending as Cause No.
236 252977 11.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 4th day of October, 2011.

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