Sass v. Wells Fargo Bank NA

Filing 24

ORDER AND OPINION denying 23 Plaintiff's Motion for Reconsideration. Further, this matter has been remanded to the Berkeley County Court of Common Pleas. The Clerk of Court is directed not to accept any future filings from Plaintiff in this matter, other than a notice of appeal. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/13/2017.(sshe, )

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 Plaintiff's motion to reconsider the Court' s order
adopting the Magistrate Judge' s report and recommendation and remanding this matter to state
court sua sponte for lack of subject-matter jurisdiction. (Dkt. No. 23). 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 Plaintiff's action on May 8, 2017. (Dkt. No. 1-2 at
3.) He then removed to this Court. This Court remanded the matter back to the Berkeley County
Court of Common Pleas because a Plaintiff cannot remove his own case to federal court.
No party filed objections to the Report and Recommendation, but Plaintiff now moves for
reconsideration of the Court's order remanding this case. Plaintiff's motion to reconsider is
patently frivolous. He argues that he is an "American National of the united States of America"
but "who privately resides in a privately domicile outside of Federal District in a non-military
private estate located outside of a Federal District not subject to the jurisdiction of the ' United
States." ' (Dkt. No. 23.) The domicile Plaintiff claims to be outside of this District is 101 Kirk
Court, Summerville, South Carolina (which he calls "South Carolina Republic"). He argues the
order remanding his case was not a "judicial review" because the order is "based upon statutes and
codes." (Id.) He argues that corporations cannot sue "an American National." (Id.)

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The Court therefore DENIES the motion to reconsider. Further, this matter has been
remanded to the Berkeley County Court of Common Pleas. The Clerk of Court is directed not to
accept any future filings from Plaintiff in this matter, other than a notice of appeal.
AND IT IS SO ORDERED.

~ \:' 0

Mark~

Richard
United States District Court Judge
October I~ , 2017
Charleston, South Carolina

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