WILMINGTON SAVINGS FUND SOCIETY, FSB v. SWITZER et al
| WILMINGTON SAVINGS FUND SOCIETY, FSB |
| JAMES M. SWITZER and FOUNTAIN VILLAGE HOMEOWNERS ASSOCIATION, INC |
| 1:2018cv03590 |
| November 16, 2018 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Doris L Pryor |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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| Filing 8 Remark - Acknowledges in Receipt of Remand Letter in Marion County Court Cause #49D14-1706-MF-023578 (Attachments: #1 Envelope) (CKM) |
| Filing 7 Transfer Letter to the Clerk of the Marion County Court. Copies of case documents and docket enclosed. (CKM) |
Filing 6
ORDER OF REMAND -The Court having this day made its Entry directing the remand of this action, IT IS NOW ADJUDGED AND DECREED that the state court case docketed as 49D14-1706- MF-023578 is REMANDED to the Marion Superior Court, Civil Division 14. The sending of a copy of this Order and the accompanying Entry shall constitute the remand which is ordered. Signed by Judge Sarah Evans Barker on 11/29/2018. Copies Mailed.(CKM)
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Filing 5
ENTRY - DISCUSSING REMOVAL AND DIRECTING REMAND; Mr. Switzer's motion for leave to proceed in forma pauperis, dkt. #2 , is denied as moot. In order to remove a civil action from state court to federal court, the defendant must file notice of removal within 30 days after receiving service of the initial pleading by the state court plaintiff. 28 U.S.C. 1446(b)(1). Mr. Switzer's filings show that judgment was entered in the foreclosure matter on September 26, 2017. Thus, he has filed his notice of removal far too late for the Court to do so. In addition, this Court lacks jurisdiction. Accordingly, this action is remanded to the Marion Superior Court, Civil Division 14, under case number 49D14-1706- MF-023578. The clerk is directed administratively close this case. Signed by Judge Sarah Evans Barker on 11/29/2018. Copies Mailed. (CKM)
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| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Defendant JAMES M. SWITZER. (HET) |
| Filing 1 NOTICE OF REMOVAL from Marion County Superior Court, case number 49D14-1706-MF-023578, filed by JAMES M. SWITZER. (No fee paid with this filing) (Attachments: #1 State Court Record, #2 Civil Cover Sheet)(HET) |
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