Thompson v. Patulski

Filing 16

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 11 ; denying objection 13 ; remanding this case to the Manistee County Probate Court; certifying that an appeal of this decision would not be taken in good faith; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOLENE THOMPSON, Personal Representative of the Estate of Mirian L. Patulski, Case No. 1:15-cv-828 HON. JANET T. NEFF Plaintiff, v. BRUCE A. PATULSKI, Defendant. _______________________________/ ORDER Defendant, proceeding pro se, removed this estate matter from the Manistee County Probate Court. The Magistrate Judge issued a Report and Recommendation (Dkt 11), recommending that this action be remanded for lack of subject matter jurisdiction. Defendant filed his Objection to the remand (Dkt 13), but he advances no cognizable grounds to overcome the lack of jurisdiction or the Magistrate Judge’s determination that this case is properly remanded to state court. In accordance with 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b)(3), the Court denies the objection and adopts the Magistrate Judge’s Report and Recommendation as the Opinion of this Court. This case will be remanded to the Manistee County Probate Court. Because this action was filed in forma pauperis, this Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007). Therefore, IT IS HEREBY ORDERED that the Objection (Dkt 13) is DENIED, and the Report and Recommendation (Dkt 11) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that this case is REMANDED to the Manistee County Probate Court. IT IS FURTHER ORDERED that the Court certifies pursuant to 28 U.S.C. § 1915(a) that an appeal of this decision would not be taken in good faith. Dated: November 6, 2015 /s/ Janet T. Neff JANET T. NEFF United States District Judge 2

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