Bigos Properties-Silver Lake, LLC v. Jones
ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Patrick J. Schiltz on May 22, 2017. (CLG) cc: Jones, Fennell on 5/22/2017 (LPH).
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
BIGOS PROPERTIES‐SILVER LAKE,
Case No. 17‐CV‐1041 (PJS/KMM)
Gregory M. Miller, TREPANIER MACGILLIS BATTINA, for plaintiff.
Patricia Jones, pro se.
Defendant Patricia Jones removed this eviction action from state court. Because
Jones did not allege any basis for federal jurisdiction, Magistrate Judge Katherine M.
Menendez issued an order to show cause why this case should not be remanded to state
court. Jones failed to respond. Accordingly, Judge Menendez issued a Report and
Recommendation (“R&R”) recommending that this action be remanded. No objections
have been filed and, having conducted a de novo review, see 28 U.S.C. § 636(b)(1); Fed.
R. Civ. P. 72(b), the Court agrees with Judge Menendez’s recommendation and adopts
Also pending before the Court is the motion of non‐party Lirico Fennell to
intervene. Fennell is apparently Jones’s roommate. His motion consists of a set of
papers assembled loosely in the form of a complaint that names himself and Jones as
plaintiffs and purports to allege a number of federal and state claims.
As noted, this is an eviction action brought by plaintiff Bigos Properties‐Silver
Lake, LLC, a limited‐liability company, against Jones. The complaint that Fennell has
filed is not the operative complaint in this case. As there is no basis for the Court to
assert jurisdiction over the operative complaint, Fennell’s motion to intervene is moot.
Based on the foregoing, and on all of the files, records, and proceedings herein,
the Court ADOPTS the R&R [ECF No. 5]. IT IS HEREBY ORDERED THAT:
This matter is REMANDED to the Minnesota District Court, Second
Defendant Patricia Jones’s application to proceed in forma pauperis [ECF
No. 2] is DENIED as moot.
Movant Lirico Fennell’s motion to intervene [ECF No. 6] is DENIED as
Dated: May 22, 2017
s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge
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