Community National Bank v. Wallace
Filing
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ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated February 2, 2010 21 . 2. This action is REMANDED to District Court for the Second Judicial District, Ramsey County, Minnesota. Signed by Chief Judge Michael J. Davis on 3/11/10. (GRR)
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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________ COMMUNITY NATIONAL BANK, Plaintiff, v. ORDER Civil File No. 092273 (MJD/JJG)
EVELYN WALLACE, Defendant. ________________________________________________________________ Mark E. Duea, Geck & Duea, LLC, Counsel for Plaintiff Evelyn Wallace, pro se. _________________________________________________________________ The aboveentitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeanne J. Graham dated February 2, 2010. [Docket No. 21] Defendant Evelyn Wallace filed objections to the Report and Recommendation. Pursuant to statute, the Court has conducted a de novo review of the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation of United States Magistrate
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Judge Jeanne J. Graham dated February 2, 2010. Although Wallace has now provided some allegations regarding Plaintiff's citizenship within her objections, she has still failed to establish a sufficient amount in controversy, so diversity jurisdiction is lacking. Additionally, no federal question jurisdiction is created by the complaint filed in this matter. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated February 2, 2010 [Docket No. 21]. This action is REMANDED to District Court for the Second Judicial District, Ramsey County, Minnesota.
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Dated: March 11, 2010
s/ Michael J. Davis Michael J. Davis Chief Judge United States District Court
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