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, )

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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 ) ) ) ) ) ) ) ) ) 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 1 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. -1- ... 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 -2-

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