Dieringer et al v. Strasser
| Catharina Dieringer and Keith Dieringer |
| Ronald Kenneth Strasser |
| Ronald-Kenneth: Strasser |
| 3:2019cv01957 |
| December 2, 2019 |
| US District Court for the District of Oregon |
| Stacie F Beckerman |
| Rent, Lease, Ejectment |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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Filing 16
ORDER - Defendant filed a "Notice and Demand to Alter or Amend Transmittal of Case to State Court," ECF #15 , which the Court docketed as a motion to amend the Court's transmittal of the certified copy of the docket sheet to the Multnomah County Circuit Court (ECF #14 ). Defendant questions, among other things, whether the Clerk of the Court and the Chief Deputy Clerk are properly in office, why the "office and person and Ens Legis Michael H. Simon" did not "answer" Defendant's "questions," and whether the case should be transmitted to state court when Defendant filed a Notice of Appeal appealing the Court's Order remanding the case. Most of the issues raised by Defendant are spurious and irrelevant. Regarding the fact that Defendant filed a Notice of Appeal relating to the Courts order of remand, "[u]nder 28 U.S.C. 1447(d), '[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise.'" Corona-Contreras v. Gruel, 857 F.3d 1025, 1028 (9th Cir. 2017) (first alteration added, second alteration in original) (quoting 28 U.S.C. 1447(d)). Appellate review may be appropriate only if the district court lacked authority to remand under 28 U.S.C. 1447(c), id., which is not applicable in this case. Thus, the fact that Defendant filed a Notice of Appeal is not grounds to reconsider the Court's transmittal of the case to the state court. Accordingly, to the extent Defendants filing (ECF #15 ) is construed as a motion for reconsideration of the Court's transmittal of the case to the state court or the Court's order of remand, it is DENIED. Ordered by Judge Michael H. Simon. Copy mailed to pro se parties (mja)
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| Filing 15 Emergency Motion to Amend/Correct #14 Transmittal to State Court Notice of Appeal, #13 , Notice of Appeal, #12 . Expedited Hearing requested. Filed by Ronald-Kenneth: Strasser. (Strasser, Ronald) |
| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #13 . Case Appealed to 9th Circuit Court of Appeals Case Number 20-35036 assigned. (jtj) |
| Filing 14 Transmittal of Certified Copy of Docket Sheet and certified copy of Order on Findings & Recommendation, Order on motion to amend/correct #11 to Multnomah County Circuit Court. (jn) |
| Filing 13 Amended Notice of Appeal to the 9th Circuit from Findings & Recommendation Referred 4 , Order on Motion for Extension of Time to File an Objection to F & R,,,, 6 , Order on Findings & Recommendation,, Order on motion to amend/correct, #11 (fee waiver status selected (IFP)) . Filed by Ronald-Kenneth: Strasser. (Strasser, Ronald) |
| Filing 12 Notice of Appeal to the 9th Circuit from Findings & Recommendation Referred 4 , Order on Motion for Extension of Time to File an Objection to F & R,,,, 6 , Order on Findings & Recommendation,, Order on motion to amend/correct, #11 (fee waiver status selected (IFP)) . Filed by Ronald-Kenneth: Strasser. (Strasser, Ronald) |
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Filing 11
ORDER - The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation, ECF #3 . This case is REMANDED to the Circuit Court of the State of Oregon for the County of Multnomah. The Clerk of the Court is directed to send the file in this case to the Clerk of the Multnomah County Circuit Court. Defendant's motion for reconsideration, ECF #10 , is DENIED. Signed on 1/15/2020 by Judge Michael H. Simon. (mja)
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| Filing 10 Motion to Amend/Correct Findings & Recommendation,, #3 . Filed by Ronald-Kenneth: Strasser. (Strasser, Ronald) |
| Filing 9 Notification of CM/ECF Account for Ronald-Kenneth Strasser (Pro Se Filer admission). Your login is: rkstrasser. Go to #the CM/ECF login page to set your password. (ecp) |
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Filing 8
ORDER: Granting #7 Application for CM/ECF Registration as a Self-Represented Party (CM/ECF Registered User). Signed on 1/3/2020 by Magistrate Judge Stacie F. Beckerman. (Mailed to Pro Se party on 1/6/2020.) (gw)
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| Filing 7 Application for CM/ECF Registration as a Self-Represented Party. Filed by Ronald Kenneth Strasser. (jn) |
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Filing 6
ORDER - Defendant filed a "Notice and Demand for More Time and Incomplete Objections to Magistrate's Finding and Recommendation" (ECF #5 ), which the Court docketed as a motion for an extension of time to file Defendant's objections to the Findings and Recommendation. Defendant, however, specifically states that his notice and demand for more time "shall in no way be construed as a motion, nor as a request for permission" for more time and that he expects this filing, on its own, will serve to "adjourn" the case until he files another document. That is not how matters proceed in federal court. Absent a motion and good cause, deadlines remain as scheduled. Accordingly, because Defendant did not move for an extension of time or provide good cause, his deadline to file his objections remains as originally scheduled, December 19, 2019. The Court will consider his partial objection, and any further objection he timely files. Ordered by Judge Michael H. Simon. Copy mailed to Defendant on 12/18/2019. (mja)
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| Filing 5 Motion for Extension of Time to File an Objection to Findings and Recommendation #3 . Filed by Ronald Kenneth Strasser. (jn) |
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Filing 4
Order referring Findings & Recommendation (ECF No. #3 ) and Notice of Removal (ECF No. #2 ) to Judge Simon. Ordered by Magistrate Judge Stacie F. Beckerman. (Copy mailed to Ronald Kenneth Strasser on 12/5/2019.) (gw)
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| Filing 3 FINDINGS AND RECOMMENDATION: The Court provisionally grants Strasser's Application to Proceed In Forma Pauperis (ECF No. #1 ) for the limited purpose of screening. However, for the reasons stated, the Court recommends that the district judge remand this case to the Multnomah County Circuit Court. Objections to the Findings and Recommendation are due by 12/19/2019. Signed on 12/5/2019 by Magistrate Judge Stacie F. Beckerman. (Copy mailed to Ronald Kenneth Strasser on 12/5/2019.) (gw) |
| Filing 2 Notice of Removal and Petition for Injuction/TRO of Case Number 19LTl4558 from Multnomah County Circuit Court. Filed by Ronald Kenneth Strasser (Attachments: #1 Civil Cover Sheet, #2 Exhibit). (jn) |
| Filing 1 Application for Leave to Proceed IFP. Filed by Ronald Kenneth Strasser. (jn) |
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