January 27, 2014
Capital One Bank (USA) NA, Plaintiff,
Donald Mashak, Defendant.
PATRICK J. SCHILTZ, District Judge.
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated January 6, 2014, all the files and records, and no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that:
1. Defendant's application for leave to proceed in forma pauperis, (Docket No. 2), is DENIED;
2. Defendant's notice of removal, as amended, is VACATED; and
3. This case is immediately REMANDED to the State District Court for Wright County, Minnesota.