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Statev. Willis

United States District Court, D. Minnesota

February 11, 2015

State of Minnesota, Plaintiff,
v.
Berry Willis, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

DONOVAN W. FRANK, District Judge.

This matter is before the Court upon Defendant Berry Willis's ("Defendant") objections (Doc. No. 19) to Magistrate Judge Jeffrey J. Keyes's December 15, 2014 Report and Recommendation ("R&R") (Doc. No. 14) insofar as it recommends that:

(1) Defendant's application to proceed in forma pauperis be denied; (2) Defendant's application to proceed in forma pauperis on appeal be denied without prejudice as premature; (3) Defendant's notice of removal be vacated; (4) this action be remanded to Minnesota District Court, Fourth Judicial District; and (5) Defendant be restricted from removing any state proceedings to federal court unless he is represented by counsel or receives prior written authorization from a judicial officer in this District Court.

The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. ยง 636(b)(1) and Local Rule 72.2(b). The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Defendant's objections.

Defendant appears to object to the R&R on a number of grounds. Specifically, Defendant appears to make claims relating to the existence of a conspiracy against him in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). Defendant further appears to make claims relating to fraud, corruption, false imprisonment, and certain constitutional violations. Finally, in his conclusion, Defendant appears to reiterate his desire for removal. However, none of these objections relate to the issue of removal in this case, which was fully and properly addressed by the Magistrate Judge in the R&R. Having reviewed Defendant's objections and the record and pleadings, the undersigned agrees with the Magistrate Judge's determination that removal is not appropriate in this case. The Court therefore adopts the R&R in its entirety and the case is dismissed.

In sum, based upon the de novo review of the record and all of the arguments and submissions of the parties, and the Court being otherwise duly advised in the premises, the Court hereby enters the following:

ORDER

1. Defendant Berry Willis's objections (Doc. No. [19]) to Magistrate Judge Jeffrey J. Keyes's December 15, 2014 Report and Recommendation are OVERRULED.

2. Magistrate Judge Jeffrey J. Keyes's December 15, 2014 Report and Recommendation (Doc. No. [14]) is ADOPTED.

3. Defendant Berry A. Willis's application to proceed in forma pauperis (Doc. No. [2]) is DENIED. is DENIED WITHOUT PREJUDICE as premature.

5. Willis's notice of removal (Doc. No. [1]) is VACATED.

6. This action is REMANDED to Minnesota District Court, Fourth Judicial District.

7. Willis is restricted from removing any state proceedings to federal court unless he is represented by counsel or receives prior written authorization from a judicial officer in this District Court.

8. Willis's Motion to Remove Judicial Officer, Jeffrey J. Keyes, Due to Fraud upon the District Courts (Doc. No. [17]) is DENIED AS MOOT.[1]

LET JUDGMENT BE ENTERED ACCORDINGLY.


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