State of Minnesota v. Willis

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Defendant Berry Willis's objections (Doc. No. 19 ) to Magistrate Judge Jeffrey J. Keyes's December 15, 2014 Report and Recommendation are OVERRULED. 2. Magistrate Judge Jeffrey J. Keyes's December 15, 2014 Report and Recommendation (Doc. No. 14 ) is ADOPTED. 3. Defendant Berry A. Willis's application to proceed in forma pauperis (Doc. No. 2 ) is DENIED.4. Willis's application to proceed in forma pauperis on appeal (Doc. No . 10 ) is DENIED WITHOUT PREJUDICE as premature. 5. Willis's notice of removal (Doc. No. 1 ) is VACATED. 6. This action is REMANDED to Minnesota District Court, Fourth Judicial District. 7. Willis is restricted from removing any state proceedi ngs to federal court unless he is represented by counsel or receives prior written authorization from a judicial officer in this District Court. 8. Willis's Motion to Remove Judicial Officer, Jeffrey J. Keyes, Due to Fraud upon the District Courts (Doc. No. 17 ) is DENIED AS MOOT. (Written Opinion). Signed by Judge Donovan W. Frank on 2/11/2015. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

State of Minnesota,

Civil No. 14-4917 (DWF/JJK)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Berry Willis,
Defendant.

This matter is before the Court upon Defendant Berry Willis’s (“Defendant”)
objections (Doc. No. 19) to Magistrate Judge Jeffrey J. Keyes’s December 15, 2014
Report and Recommendation (“R&R”) (Doc. No. 14) insofar as it recommends that:
(1) Defendant’s application to proceed in forma pauperis be denied; (2) Defendant’s
application to proceed in forma pauperis on appeal be denied without prejudice as
premature; (3) Defendant’s notice of removal be vacated; (4) this action be remanded to
Minnesota District Court, Fourth Judicial District; and (5) Defendant be restricted from
removing any state proceedings to federal court unless he is represented by counsel or
receives prior written authorization from a judicial officer in this District Court.
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). The factual background for the above-entitled matter is clearly and
precisely set forth in the Report and Recommendation and is incorporated by reference
for purposes of Defendant’s objections.

Defendant appears to object to the R&R on a number of grounds. Specifically,
Defendant appears to make claims relating to the existence of a conspiracy against him in
violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”).
Defendant further appears to make claims relating to fraud, corruption, false
imprisonment, and certain constitutional violations. Finally, in his conclusion,
Defendant appears to reiterate his desire for removal. However, none of these objections
relate to the issue of removal in this case, which was fully and properly addressed by the
Magistrate Judge in the R&R. Having reviewed Defendant’s objections and the record
and pleadings, the undersigned agrees with the Magistrate Judge’s determination that
removal is not appropriate in this case. The Court therefore adopts the R&R in its
entirety and the case is dismissed.
In sum, based upon the de novo review of the record and all of the arguments and
submissions of the parties, and the Court being otherwise duly advised in the premises,
the Court hereby enters the following:
ORDER
1.

Defendant Berry Willis’s objections (Doc. No. [19]) to Magistrate Judge

Jeffrey J. Keyes’s December 15, 2014 Report and Recommendation are OVERRULED.
2.

Magistrate Judge Jeffrey J. Keyes’s December 15, 2014 Report and

Recommendation (Doc. No. [14]) is ADOPTED.
3.

Defendant Berry A. Willis’s application to proceed in forma pauperis (Doc.

No. [2]) is DENIED.

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4.

Willis’s application to proceed in forma pauperis on appeal (Doc. No. [10])

is DENIED WITHOUT PREJUDICE as premature.
5.

Willis’s notice of removal (Doc. No. [1]) is VACATED.

6.

This action is REMANDED to Minnesota District Court, Fourth Judicial

District.
7.

Willis is restricted from removing any state proceedings to federal court

unless he is represented by counsel or receives prior written authorization from a judicial
officer in this District Court.
8.

Willis’s Motion to Remove Judicial Officer, Jeffrey J. Keyes, Due to Fraud

upon the District Courts (Doc. No. [17]) is DENIED AS MOOT. 1
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 11, 2015

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

1

The Court has carefully reviewed Willis’s Motion to Remove Judicial Officer,
Jeffrey J. Keyes, Due to Fraud upon the District Courts and supporting Affidavit (see
Doc. Nos. 17 & 18). However, in light of the Court’s order dismissing the case, the
question of removing Magistrate Judge Keyes from the case is moot.
3