Bank of America, N.A. v. Smith et al

Filing 17

ORDER by Chief Judge Susan J. Dlott granting 8 Motion to Remand to State Court; adopting Report and Recommendations re 14 . (vp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Bank of America, NA
Plaintiff(s),
vs.
Demetrious Y. Smith, et al.,
Defendant(s).

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Case Number: 1:13cv598
Chief Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Karen L. Litkovitz filed on September 19, 2013 (Doc. 14), to whom this case was referred pursuant to
28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing
such objections under Fed. R. Civ. P. 72(b) expired September 27, 2013, hereby ADOPTS said Report
and Recommendation.
The petition for removal of a state court action to this federal court is DENIED.
This matter is DISMISSED from the docket of this Court and REMANDED to state court.
See 28 U.S.C. § 1447( c ).
The Court certifies pursuant to 28 U.S.C. § 1915(a) that ann appeal of any Order adopting the
Report and Recommendation will not be taken in good faith, therefore, denying Mr. Smith leave to
appeal in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th
Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997).
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Chief Judge Susan J. Dlott
United States District Court