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15-3873 - State of Minnesota v. Rapatt


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15-3873 - State of Minnesota v. Rapatt
March 23, 2016
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Brisbois on 3/23/2016. (KNK) cc: Rapatt on 3/23/2016 (KNK).REPORT AND RECOMMENDATION: IT IS HEREBY RECOMMENDED that:1. Plaintiffs Motion to Dismiss Notice of Removal of State Court Restitution Affidavit to United States District Court Pursuant to 28 U.S.C. 1331, 1332, 1441 and 1446, [Docket No. 8], be GRANTED, as set forth above; 2. Defendants action be DISMISSED for lack of subject matter jurisdiction; and 3. This action be REMANDED to Minnesota State District Court, County of Otter Tail, Seventh Judicial District. Signed by Magistrate Judge Leo I.
May 4, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Leo I. Brisbois's March 23, 2016 Report and Recommendation (Doc. No. 14) is ADOPTED. 2. Plaintiff's Motion to Dismiss Notice of Removal of State Court Restitution Affidavit to United States District Court Pursuant to 28 U.S.C. 1331, 1332, 1441 and 1446 (Doc. No. 8) is GRANTED. 3. Defendants action is DISMISSED for lack of subject matter jurisdiction. 4. This action is REMANDED to Minnesota State District Court, County of Otter Tail, Seventh Judicial District. (Written Opinion). Signed by Judge Donovan W. Frank on 5/4/2016. (BJS) cc: Rapatt. Modified text on 5/5/2016 (JDF).