Sass v. Wells Fargo Bank NA

Filing 18

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant; finding as moot 5 Motion to Dismiss; denying 13 Motion to Strike. This matter is REMANDED to the Berkeley County Court of Common Pleas. Signed by Honorable Richard M Gergel on 9/26/2017.(cwhi, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Bobby Jean Sass,
Plaintiff,
v.
Wells Fargo Bank, N.A.,
Defendant.

Civil Action No. 2:17-1501-RMG

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ORDER AND OPINION

This matter is before the Court on the Report and Recommendation of the Magistrate
Judge, recommending this matter be remanded, sua sponte, to state court for lack of subject-matter
jurisdiction.

(Dkt. No. 16.) No party filed objections to the Report and Recommendation.

Plaintiff, proceeding pro se, originally filed this action in the Berkeley County Court of Common
Pleas on February 26, 2016. The Court of Common Pleas dismissed Plaintiffs action on May 8,
2017. (Dkt. No. 1-2 at 3.) Plaintiff then filed a notice of removal (styled as a "complaint for
removal") on June 8, 2017. (Dkt. No. 1.) Plaintiff asserts, "I am removing case number 2013-CP08-02096 and title BOBBY SASS, Plaintiff(s) vs WELLS FARGO BANK, N.A. , Defendant(s)
from the Berkeley County Court of Common Pleas to the jurisdiction of this court for a Right to
Review pursuant to Title 5 USC subsection 702." 1 (Id. at 1.)
As set forth in the Report and Recommendation, a plaintiff may not remove his own case.

See 28 U.S.C. §§ 1441(a) & 1446(a); Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 104- 09
(1941); Palisades Collections LLC v. Shorts, 552 F.3d 327, 333 (4th Cir. 2008). The restriction
on who may remove a matter is jurisdictional. See Conner v. Sa/zinger, 457 F.2d 1241, 1243 (3d

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Title 5 U.S.C. § 702, part of the Administrative Procedure Act, provides for a private right of
action to enforce federal rights against federal agencies.

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Cir. 1972). The Magistrate Judge therefore recommends that this Court has no subject-matter
jurisdiction in this matter and must remand to state court. See 28 U.S.C. § 1447.
The Court agrees with the analysis of the Magistrate Judge and ADOPTS the Report and
Recommendation (Dkt. No. 16). This matter is REMANDED to the Berkeley County Court of
Common Pleas.

AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Court Judge
September l&, 2017
Charleston, South Carolina

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